JAGDISH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Lambardar for village Garhi Ujalekhan, Tehsil Gohana, District Sonepat was to be appointed. Vide order Annexure P-1 dated 31.10.2006 passed by Collector, Sonepat, the petitioner was appointed Headman/Lambardar for the village. Respondent no. 4-Sultan Singh and one Jaspal carried appeals. Vide order Annexure P-3 dated 01.02.2008 passed by Commissioner, Rohtak Division, Rohtak, respondent no. 4-Sultan Singh was appointed as Lambardar. The petitioner carried a revision before the Financial Commissioner. Vide order Annexure P-4 dated 27.11.2008 passed by Financial Commissioner, the petitioner was appointed as Lambardar. Perusal of order Annexure P-4 indicates that the order passed by the Commissioner was set aside. Order passed by the Collector has been upheld and the petitioner has been appointed as Lambardar.

(2.) It has been held by the Financial Commissioner that while FIR pending against respondent no. 4 does not disqualify him from appointment as Lambardar, however, the petitioner has been found to be more meritorious by the Collector, whose choice should not be interfered with unless there is illegality in the order.

(3.) Respondent no. 4 filed a Civil Writ Petition No. 2509 of 2009 that has been dismissed vide order Annexure P-5 dated 17.02.2009.