ASHFAK Vs. FINANCIAL COMMISSIONER HARYANA AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved against the impugned order dated 4.5.2011 (Annexure P-8) passed by the Financial Commissioner, Haryana-respondent No.1, upholding the impugned order dated 13.7.2010 (Annexure P-6) passed by the Commissioner, Gurgaon Division-respondent No.3, thereby setting aside the appointment of the petitioner made vide order dated 31.12.2009 (Annexure P-5), passed by the District Collector, Palwal, petitioner has approached this Court by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari, for quashing the impugned orders. Facts first.

(2.) Consequent upon the death of Sh. Ganga Dhar, one post of Lambardar fell vacant in village Ghaseda. Proceedings were initiated to fill up this post. Finally, the petitioner was appointed as Lambardar by the District Collector, vide his order dated 31.12.2009. Dissatisfied, respondent No.4 filed his appeal before the Commissioner, Gurgaon Division-respondent No.2, who accepted the same and remanded the matter to the District Collector with a direction to reconsider merits of the candidates, as petitioner was alleged not to be resident of village Ghaseda.

(3.) However, order dated 13.7.2010, passed by the Commissioner, was challenged by the petitioner before the Financial Commissioner but the plea raised on behalf of the petitioner did not find favour with the Financial Commissioner and revision of the petitioner was dismissed, vide impugned order dated 4.5.2011 (Annexure P-8). Thus, the petitioner impugns the above said orders passed by the Commissioner as well as by the Financial Commissioner. That is how, this Court is seized of the matter.