HC overrules Financial Commissioner’s order
Chandigarh, August 9
democracy at the grassroots level, the Punjab and Haryana High Court has overruled the Punjab Financial Commissioner’s order to hold that having a PCO or a small shop in a village could not be construed as disqualification for the lambardar’s post.
The HC has added that candidate for the lambardar's post could not be expected to be unemployed or merely engaged in agriculture activities.
The ruling by Justice Alok Singh came on a petition filed by Balwinder Singh against Punjab Financial Commissioner.
The post had fallen vacant after the death of then lambardar Mehnga Singh in 1997. After completing all the formalities, the District Collector had ruled: "Balwinder Singh is young, mature and better qualified. His name is duly recommended by Garhshankar tehsildar and the sub-divisional magistrate. Hence, he is preferred and appointed as lambardar.”
Acting on an appeal, the Financial Commissioner set aside the order, while observing the petitioner was running a PCO and was an LIC agent.
Counsel for the petitioner, on the other hand, vehemently argued that the LIC agency of the petitioner was terminated in 2001.
Justice Alok Singh ruled: “In the opinion of this court, running a PCO in the village does not mean that petitioner shall not be available in the village to perform duties of lambardar.”
Chandigarh, August 9
democracy at the grassroots level, the Punjab and Haryana High Court has overruled the Punjab Financial Commissioner’s order to hold that having a PCO or a small shop in a village could not be construed as disqualification for the lambardar’s post.
The HC has added that candidate for the lambardar's post could not be expected to be unemployed or merely engaged in agriculture activities.
The ruling by Justice Alok Singh came on a petition filed by Balwinder Singh against Punjab Financial Commissioner.
The post had fallen vacant after the death of then lambardar Mehnga Singh in 1997. After completing all the formalities, the District Collector had ruled: "Balwinder Singh is young, mature and better qualified. His name is duly recommended by Garhshankar tehsildar and the sub-divisional magistrate. Hence, he is preferred and appointed as lambardar.”
Acting on an appeal, the Financial Commissioner set aside the order, while observing the petitioner was running a PCO and was an LIC agent.
Counsel for the petitioner, on the other hand, vehemently argued that the LIC agency of the petitioner was terminated in 2001.
Justice Alok Singh ruled: “In the opinion of this court, running a PCO in the village does not mean that petitioner shall not be available in the village to perform duties of lambardar.”
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