Law: Punjab Land Revenue Rules, 1968

Section: 16(ii),16(c)

Law: Criminal Procedure Code (V of 1898)

Section: 107

Law: Pakistan Penal Code (XLV of 1860)

Section: 307

Lambardar-Appointment-Candidate bound down under S. 107, Criminal Procedure Code (V of 1898)---Not debarred from being considered for post of Lambardar-Punjab Land Revenue Rules, r. 16(ii)(c).   Lambardar-Appointment-Case under S. 307, Pakistan Penal Code (XLV of 1860), pending against candidate-Claim cannot be ignored on this account.   Practice-Concurrent finding of fact by Collector and Commissioner-Not interfered with.     ORDER   This order will dispose of the following two revisions:----   Tufail Muhammad v. Muhammad Shafi Revision No. 1986.   Nasir Ahmad v. Muhammad Shafi Revision No. 1976.   These two revisions have been filed against orders, dated the 2nd of June 1964, passed by Commissioner, Sargodha, whereby the appeals preferred by the petitioners were rejected.   The facts of the case are that a vacancy was created on account of the migration of the non-Muslim Lambardar. At the time of filling up this vacancy permanently, 23 candidates applied. There were some withdrawals and ultimately the vacancy was contested by 13 candidates including the parties. Considering the claims of all, the Collector appointed the respondent. The petitioners went in appeals to the Commissioner, but both the appeals were dismissed. Hence these revisions.   I have heard the learned counsel for Tufail Muhammad. His main contention is that, because the respondent has been bound down under section 107, Cr. P. C., he should not have been appointed as a Lambardar. In this connection, he has referred me to P L D 1959 W. P. (Rev.) 68 and P L D 1963 W. P. (Rev.) 3. In both the rulings, the principle laid down is quite clear that merely being bound down under, section 107, Cr. P. C., does not automatically debar a person from being considered for the post of Lambardar. So far as the legal position is concerned, it is quite clear that the proceedings under section 107, Cr. P. C. would be covered by rule 16 (ii) (c) of the Punjab Land Revenue Rules. If a person is bound down…