LAWS(SC)-2009-8-11

ISHWAR SINGH Vs. SATBIR SINGH

Decided On August 17, 2009
ISHWAR SINGH Appellant
V/S
SATBIR SINGH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The controversy in this appeal by special leave relates to the appointment of Lambardar for village Pehladgarh, Tehsil and District Bhiwani. The said post fell vacant due to the death of the then Lambardar on August 1, 2000. Four persons applied for that post but later on two candidates withdrew their candidature and the present Appellant and Respondent No. 1 remained for selection. The Collector, Bhiwani by his order dated December 15, 2005 considered the candidature of these two candidates and issued an order of appointment in favour of Respondent No. 1 as Lambardar of village Pehladgarh. In the opinion of the Collector, Bhiwani, Satbir Singh, Respondent No. 1, was more suitable. This is how the Collector, District Bhiwani considered comparative merits of these two candidates:

(3.) The present appellant assailed the aforesaid order of the Collector, District Bhiwani by filing an appeal before the Commissioner, Hissar Division. The Commissioner, Hissar Division did not agree with the view of the Collector, Bhiwani in respect of suitability of the present Respondent No. 1. The Commissioner, Bhiwani held: