Character's Plays Crucial Role in Lambardar Appointments – Appointment Quashed: P&H HC

07 May 2024 8:19 AM

By: Admin

In a recent judgment, the Punjab and Haryana High Court, presided over by Hon'ble Mr. Justice Rajesh Bhardwaj, emphasized the critical importance of character and integrity in the appointment of Lambardars, who serve as the headmen of villages. The decision came in response to a writ petition seeking the quashing of an appointment order that had been challenged on grounds of suitability and character.

The petitioner had been initially appointed as Lambardar, but the appointment was later reversed through a revision petition, resulting in the appointment of respondent No. 4. The petitioner alleged the erroneous acceptance of the revision petition and the reversal of earlier orders.

In its judgment, the Court conducted a detailed comparative evaluation of various factors, including age, qualifications, and land holdings, between the petitioner and respondent No. 4. The Court highlighted the relevance of Rule 15 of the Punjab Land Revenue Rules, which enumerates the criteria for appointing Lambardars.

The Court observed, "The Lambardar of the Village is the Headman, and he should be a man of repute and character. The issue involved is not whether the petitioner was eligible for consideration for the appointment to the post of Lambardar after his acquittal but the issue is whether he is the most suitable candidate among all the candidates who are in the fray for the appointment to the post of Lambardar."

Moreover, the judgment emphasized that even if a candidate is younger in age, more qualified, and has substantial land holdings, their character and reputation must be beyond doubt for them to be considered suitable for the role of Lambardar.

The Court also referred to Rule 16 of the Punjab Land Revenue Rules, which stipulates the mandatory dismissal of a Headman if sentenced to imprisonment for one year or more.

Ultimately, the Court found perversity in the Collector's initial appointment but chose to remand the case to the Collector for a fresh decision after hearing all parties involved. The decision was seen as a partial victory for the petitioner.

This judgment underscores the significance of character and integrity in the selection of public office bearers and upholds the principle that a candidate's suitability should be evaluated holistically, considering all relevant factors. The Court's decision aligns with previous judgments that emphasized the need for individuals holding public positions to have clean antecedents and a spotless image.

Date of Decision: 26.09.2023

Paramjit Lal vs The Financial Commissioner (Appeals), Punjab, Chandigarh and others