NAIB SINGH Vs. FINANCIAL COMMISSIONER HARYANA

JUDGEMENT

(1.) The petitioner was appointed as Lambardar by the Collector vide order dated 13.08.2008. However, the appeal of respondent No.3 was accepted by the learned Commissioner vide order dated 31.03.2009 and the said respondent was appointed as Lambardar. The revision of the petitioner has been rejected by the Ld. Financial Commissioner vide order dated 27.01.2015. Thus, the present writ petition has been filed.

(2.) Learned counsel for the petitioner submits that the ground on which the revision of the petitioner has been rejected, is non-existent. The petitioner continues to own 45 kanals of land in the village. The remaining land, he has sold and has purchased land in an adjoining village in the name of his daughters-in-law. Thus, the impugned order dated 27.01.2015 is illegal. Moreover, it is settled law that the choice of the Collector must be respected unless it is found to be perverse. Neither the Commissioner nor the Financial Commissioner have found any perversity in the said order and on this ground alone, the impugned order deserves to be set aside.

(3.) Learned counsel for respondent No.3 submits that according to notification dated 23.07.2008 issued by the State of Haryana, Rule 15 of the Punjab Land Revenue Rules has been amended and educational qualification of middle pass has been prescribed for the post of Lambardar. The petitioner does not fulfill this qualification and thus, he could not have been appointed as Lambardar.