BALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has challenged the order passed by the Financial Commissioner upsetting the order of his appointment to the post of Lambardar of village Kirmach, Tehsil Thansher, District Kurukshetra made by the Commissioner. The petitioner claims that his brother was Lambardar of the village and on his death, post of Lambardar fell vacant. The applications were invited for appointment to the post of Lambardar. The Collector, after considering the relative merits appointed respondent No. 4. The claim of the petitioner was declined primarily on the ground that he did not belong to Patti of the deceased. Otherwise, the petitioner states that he is more suitable for the appointment to the post of Lambardar and had been helping his grand father and brother in the duties of Lambardar.

(2.) The petitioner, accordingly, preferred an appeal before the Commissioner, who set aside the order passed by the District Collector and appointed the petitioner as Lambardar. The ground of attack to the appointment of respondent No. 4 was that he belongs to Bahu Patti whereas he is resident of Kalu Patti. It is also stated that respondent No. 4 has disclosed his age to be 50 years whereas he was 65 years and was getting old age pension. It is alleged that FIR No. 32 dated 26.02.2008 under Sections 420, 467 and 468 etc. was been lodged against son of respondent No. 4, which was also brought to the notice of the Collector.

(3.) The petitioner otherwise was found to be 36 years old and middle pass. Respondent No. 4 did not produce any record to show his educational qualification, whereas he claimed himself to be middle pass. As per the counsel for the petitioner, documents have now been placed on record to show that respondent No. 4 is 7th class pass. Respondent No. 4 is much older in age. The disqualification, which the petitioner carries, appears that he is not owning any land.