Case Details

Citation(s)
1963 SLG 3245 = 1963 SLD 3245 = 1963 PLD 59
West Pakistan
Appeal No. 58 of 1961-62, decided on 1st November 1962, District Sargodha.  
Presented By: Nasir Ahmad, Member Board of Revenue, West Pakistan
Mazharul Haq and Abdul Ghafoor for Appellant.   Amir Raza for
Respondent.

Risaldar GHULAM MUHAMMAD KHAN- Appellant  

VERSUS

  MUHAMMAD NAWAZ-Respondent

Law:

Section:

(a) Lambardar----   ----Appointment-Candidate obtaining lease of Government land on nominal rates and continuing litigation with Government for retaining land - Not desirable candidate.   (b) Lambardar-----   --Appointment in Colony Chak-Absentee not to be appointed.   ORDER   This case relates to the temporary appointment of a Lambardar in Chak No. 13-A/M.B., District Sargodha. The Collector appointed the petitioner Risaldar Ghulam Muhammad but the learned Commissioner interfered and preferred Muhammad Nawaz, the respondent who belongs to the majority tribe and who had already worked reasonably well in a temporary capacity.   The reason why the Collector refused to consider Muhammad Nawaz as a suitable person for the post was that he had contrived to get State land in this estate on lease at nominal rates, and when the leases were cancelled for this very reason, he entered into litigation with Government. That civil litigations are still going on. The learned Commissioner thought that these facts did not constitute disqualification under the provisions of Land Revenue Rule 16. Now this rule lays down the circumstances under which a Lambardar shall or may be dismissed but it does not mean that it is only these circumstances alone which can stand in the way of an initial appointment. An interpretation of this kind would be misreading and misapplying the law. I have no doubt in my mind that a candidate who has tried to…
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