BAGH SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Applications were invited for appointing a Lambardar of Village Dadu, Tehsil Kalanwali, District Sirsa. Four persons, including the petitioner and respondent No.4, submitted their applications. The case was processed by the revenue officials and was put up to the Deputy Commissioner, who rejected all the candidates as he did not find any person suitable for appointment. Respondent No.4, who was ultimately appointed by the Commissioner, was not found suitable by the Collector on the ground that he was accused of electricity theft, for which he has paid a fine of '12,700/-. One candidate was illiterate and other one was 3 rd standard pass and so the Collector rejected the claim of all the applicants on 23.5.2006.

(2.) Aggrieved against the order passed by the Collector, the petitioner and respondent No.4 filed separate appeals before the Commissioner. The Commissioner setaside the order passed by the Collector and remanded the case to him with a direction to pass an order again after giving due opportunity of hearing to all the parties. What weighed with the Collector to set-aside this order was another order passed by the same Collector, where educational qualifications were ignored by the Collector whereas in the present case the claim of one of the applicant was rejected only on the ground that he was 3 rd Class pass.

(3.) When the matter went before the Collector again, he considered the same in the light of remand order but he still decided to uphold his earlier order, finding none of the candidate under consideration to be suitable for appointed as Lambardar. Respondent No.4 was ignored again on the ground that he was accused of electricity theft and for unauthorised use of panchayat land.