Subhash Chander vs Harbhajan Singh and ors.

Usha Vohra, F.C.

This is a revision petition filed under Section 16 of the Punjab land Revenue Act, 1887 against the orders dated 24.3.1981 passed by the Commissioner, Ferozepur Division vide which he has upheld the orders dated 3.10.1980 of Collector. Ferozepur in the case of appointment of lambardar of village Chak Punnawali, tehsil Fazilka, district Ferozepur.

The facts of the case are that on account of the dismissal of the Balbir Singh, permanent Lambardar of village Chak Punnawali, tehsil Fazilka, district Ferozepur, the post of Lambardar fell vacant. The necessary proclamation was made by the Circle Revenue officer for inviting applications for the said post. Twentyone candidates applied for the post. Finally two persons namely Harbhajan Singh and Subhash Chander remained in the field for consideration. The Naib Tehsildar favoured the candidature of Harbhajan Singh and the Tehsildar and Sub Divisional Officer (Civil). Fazilka recommended the name of Subhash Chander mainly on the ground that Harbhajan Singh was not a permanent resident of Chak Punnawali. The Collector, Ferozepur considered the inter se merits of the two candidates in his detailed order dated 3.10.1980 and appointed Harbhajan Singh as Lambardar of village Chak Punnawali, tehsil Fazilka, district Ferozepur. Subhash Chander challenged the order in appeal before the Commissioner, Ferozepur Division who did not find any justification for interference in the Collector''s decision and dismissed the appeal.

Thereupon Subhash Chander has filed this revision petition.

The have gone through the relevant record. The arguments advanced by the counsel for the parties have been also considered. The main points urged by the counsel for the petitioner related to challenging that Harbhajan Singh was not a resident of the village Chak Punnawali, tehsil Fazilka, district Ferozepur and he had better educational qualifications. He also emphasised that there was scope for revising the order of both the Collector and the Commissioner in revision and quoted 1980 PLJ 389, 1981 PLJ 68, 1982 PLJ 342 and 1984 PLJ 458. He proposed that the Financial Commissioner may in revision reverse the order of the collector and Commissioner and appoint the petitioner as lambardar. The respondent''s counsel referred to 1975 PLJ 59, 1979 PLJ 578, 1982 PLJ 389, 1982 PLJ 480 and 1984 PLJ 387 in regard to the scope in revision cases. He maintained that it was a well established principle of law that unless the Collector''s orders were patently perverse they should not be upset in revision. He further stated that the question that Harbhajan Singh was a resident of village Chak Punnawali was a fact. He was a rationcard holder from 1980 onwards. he was a voter in village Chak Punnawali and was residing there.

I find that the Collector and the Commissioner have already gone into the question of residence of respondent no. 1. After considering the merits and qualifications of the two candidates the Collector had considered the respondent no. 1 to be more suitable to the office. The Collector exercises administrative control over the revenue establishment in the district. His judgment in regard to the suitability of a candidate has to be upheld unless it is proved to be perverse or against the rules. No illegality or irregularity has been brought out to have been committed by the Collector while exercising his choice. He has passed a speaking order which is well reasoned, in this background I reject the revision petition and uphold the order dated 21.3.1981 of the Commissioner, Ferozepur Division and of he Collector. Ferozepur dated 3.10.1980 appointing Harbhajan Singh as lambardar of village Chak Punnawali, tehsil Fazilka, district Ferozepur.