HARDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The dispute in this case is with regard to appointment of Lambardar in place of Gurdev Singh who died on November 10, 1999. The contest was between Hardev Singh-petitioner and Gurdev Singh's son Ram Singh. In the first instance when the Collector heard the case on June 11, 2002, he rejected the argument against Ram Singh that he was an Army deserter because the Army had not taken any action against him. He was found to be the better candidate as he was an ex-servicemen and was also son of the deceased Lambardar, therefore, Ram Singh was appointed Lambardar on June 11, 2002.

(2.) It was on the appeal filed by Hardev Singh that the Commissioner came to the conclusion that Ram Singh had been proved to have deserted his Army unit and relying upon the report of the Tehsildar that he was not a fit person to be appointed as Lambardar accepted Hardev Singh's appeal and appointed him Lambardarr.

(3.) The learned Financial Commissioner found that the Commissioner's order rejecting Ram Singh's claim that he was not deserter from the Army was not called for as the Army had not taken against him. The order of the Commissioner was set aside and the Collector's order was upheld. Argument regarding desertion from Army has again been raised before us.