LAWS(P&H)-2012-11-396

GYAN SINGH Vs. STATE OF HARYANA AND OTHERS

Decided On November 26, 2012
GYAN SINGH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) After death of Lambardar of village Rajupur Bangar Tehsil and District Palwal post of Lambardar fell vacant. A process to appoint new Lambardar was initiated on 19.06.2008 and the last date for receipt of the application was fixed as 17.09.2010.

(2.) Two applicants i.e. the present petitioner and Uttam Singh filed their application for appointment of Lambardar. Their statements were recorded. The petitioner has disclosed his merits and time was given for recording the statement of other applicant- Uttam Singh. On the basis of material, the Assistant Collector is alleged to have illegally and due to some extraneous consideration directed that another proclamation be done in the village. This was stated to be contrary to the legal position but on the basis of fresh proclamation name of the fresh applicant Devender son of Tejram was also received and recommended for appointment.

(3.) The Assistant Collector Ist Grade was not convinced with the recommendation and set aside the same. It is stated that Assistant Collector 2nd Grade had no power to direct fresh proclamation. Ignoring the recommendation.