AJAI PAL SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Father of the petitioner namely Bachu Singh was Lambardar of Village Gehlab Tehsil Hathin District Palwal. A criminal complaint was registered against him under Sections 420/465/467/468/471 IPC. On the basis of complaint made against father of the petitioner, he was removed from the post of Lambardar. Applications were then invited for filling up the post of Lambardar. Three candidates namely Bijender Singh, Danveer and the petitioner submitted their applications. The Collector appointed Bijender Singh - respondent No. 4 to the post of Lambardar on 27.7.2009 by holding that son of the dismissed Lambardar can not be considered fit for the post of Lambardar. The petitioner filed an appeal against the same which was also dismissed on 16.02.2010. The revision filed by the petitioner was also dismissed. The petitioner, accordingly, has approached this Court through the present writ petition.

(2.) Learned counsel for the petitioner would contend that the order passed by the Collector and upheld by the various authorities is perverse as it is based on a consideration which is not relevant for making the appointment.

(3.) On the other hand the counsel for the respondents would contend that it is not the only ground for which claim of the petitioner was declined. He submits that otherwise also, respondent No. 4 was found to be more meritorious and his merit being better, the Collector had appointed respondent No. 4 as Lambardar.