SADHU RAM Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PRESENT appeal is filed challenging order dated 26.5.2009 passed by learned Single Judge upholding the order of the Collector appointing the petitioner as Lamberdar.

(2.) BRIEF facts of the case are that applications for the post of Lamberdar under Scheduled Castes category for village Brahminiwala, were invited. Petitioner and respondent No.4 along with others applied for the same and in the last, there was contest between the petitioner and respondent No.4 only. Vide order dated 19.6.2006, the Collector appointed the petitioner as Lamberdar of the village after assessing the comparative merits of the petitioner as well as respondent No.4. However, the Commissioner in appeal remanded the matter to the Collector for reconsideration. Again, the Collector made assessment between the petitioner and respondent No.4. This time, the Collector appointed respondent No.4 as Lamberdar. Order of the Collector was challenged before the appellate authority and the revisional authority. However, the appeal and revision were dismissed. Thereafter, this Court was approached by the petitioner. Learned Single Judge vide impugned judgement allowed the writ petition filed by the petitioner upholding the order of the Collector passed in first-round dated 19.6.2006.

(3.) LEARNED counsel for the appellant argued that learned Single Judge should not have disturbed the view taken by the Collector appointing respondent No.4 vide order dated 24.7.2007.