Sukhminder Singh vs Jarnail Singh

N. Khosla, F.C.

This is a revision petition against an order dated 11th March, 1980 of the Commissioner, Ferozepur Division.

The post of Lambardar of village Sibian, tehsil Moga fell vacant on account of the death of Badan Singh, Lambardar and the Tehsildar Moga invited applications to fill this post. Sukhminder Singh, Jarnail Singh, Paramjit Singh and Jit Singh applied for the post and on consideration, the Tehsildar recommended Sukhminder Singh. However, the Sub Divisional Officer (Civil) made a recommendation in favour of Jarnail Singh which the Collector accepted and appointed him Lambardar by his order dated 30th October, 1979. Sukhminder Singh filed an appeal before the Commissioner, Ferozepur Division which was dismissed on 11th March, 1980. Now he has come up in revision petition before me against this.

Counsel for the petitioner urges that his client had a hereditary claim for lambardari; that the Tehsildar recommended his name; that he never took part in politics; that the report of the Assistant SubInspector was false; that this report should not have been relied upon and some higher authority should have been deputed for holding an enquiry; that he had passed the F.A. examination and was serving in the Air Force as a corporal; that he was awarded the `Raksha Medal''; and that his record spoke well of him.

Counsel for respondent, on the other hand, states that the revision was not competent; that it was not in the grounds that the report of Assistant Sub Inspector was false; that the petitioner had no influence in the village and was discharged from the defence forces only a year ago; that his client could read and write and was a Panch in the Panchayat; and that he had rightly been appointed by the Collector and the appointment upheld by the Commissioner.

I have heard arguments put forth by both sides and gone through the record. The hereditary claim of Sukhminder Singh had no overriding value. A lambardar is required to serve the village community and the administration in all matters. Jarnail Singh is quite fit to discharge these duties and the Collector has not committee any illegality or irregularity in appointing him as lambardar of village Sibian. it has also been the long and wellestablished practice of Financial Commissioners not to interfere with a Collector''s choice especially when it has been upheld by the Commissioner unless there are overwhelming reasons. I see no such reason to interfere with the order of the Collector and the Commissioner and dismiss the revision petition of Sukhminder Singh.

Announced.