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Clean image a must, criminal acquittal not enough, court rules on Haryana Lambardar appointment



The Punjab and Haryana High Court has held that even acquitted criminal cases cannot be brushed aside when evaluating a candidate’s suitability for the post of village Lambardar, a position that demands an unblemished reputation.Dismissing a writ petition filed by a candidate against the setting aside of his appointment, Justice Harsh Bunger upheld the Financial Commissioner’s decision appointing a rival.The Bench asserted: “It is always desirable to appoint a person with a clean image and antecedents as Lambardar.”The ruling came on the petition assailing the Financial Commissioner’s 2023 order, challenged on the ground that the petitioner had been acquitted in the two FIRs registered after his appointment in 2013.However, the Bench rejected the plea, observing that criminal involvement, even when followed by acquittal, might erode public confidence in a candidate and could not be ignored when the matter was still sub judice before the appellate authority.Relying on a Division Bench judgment, Justice Bunger noted that “persons having criminal antecedents cannot be permitted to be appointed as a Lambardar”, especially where serious charges such as Section 307 IPC and the Arms Act are involved.Senior Advocate Mohan Jain, appearing for respondent-now appointed candidate, pointed out that he was not only more educated (BA pass) and held larger landholdings, but had also been recommended by the Tehsildar and possessed a clean record — factors thats weighed in his favour before the Financial Commissioner.The Court rejected the petitioner’s argument that the Collector’s preference should not have been disturbed, stating: “Although the Collector, Fatehabad, had appointed the petitioner as Lambardar, he was subsequently found involved in two criminal cases, which fact was ignored by the Divisional Commissioner, Hisar, merely on the plea that the same were registered after the passing of the Collector’s order.”Concluding that the Financial Commissioner’s decision was legally sound and in consonance with public interest, the Court dismissed the petition and all pending applications.”Considering the totality of circumstances, I am of the considered view that when the petitioner was involved in two criminal cases, although he was acquitted later on, even then it is always desirable to appoint a person with clean image and antecedents as Lambardar. Accordingly, the Financial Commissioner, Haryana, has rightly appointed respondent as Lambardar by keeping in view his better merits, ” the Bench concluded.

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