GOMA RAM Vs. MANOHAR LAL

JUDGEMENT

(1.) THESE three appeals in a lambardari matter have been filed against orders of the Commissioner Hisar Division dated 17.2.1999. Since the facts of the three cases are the same they are being decided through a single order.

(2.) THE facts briefly are that Goma Ram, the petitioner in all three cases, was recommended for appointment as lambardar by the lower revenue officers and was appointed as such by the Collector vide order dated 17.3.1998. Three appeals against the above order were filed before the Commissioner and the Commissioner vide order dated 17.2.1999 remanded the case to the Collector with the direction that all the contesting candidates, excepting, Goma Ram should be heard afresh and the case be decided on merits. The Commissioner decided to exclude the name of Goma Ram on the basis that one person from the Backward Class is already working as a Numberdar and the post now being filled is for the general category. Further, Goma Ram was also illiterate and when educated persons can be available, it would be improper to appoint an illiterate as the Numberdar. While excluding Goma Ram from the area of consideration, the Commissioner also did not find the other three appellants suitable in view of the various short-comings/deficiencies noticed against them. Harbans Singh was living away from the village, Manohar Lal was involved in Criminal case, though acquitted, Mohan Lal was a defaulter.