JASWANT Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) dispute in this case is with regard to the appointment of Lambardar of village Jetrawas, Tehsil and District Rewari. Shorn of unnecessary details, respondent No. 5 was appointed as Lambardar by the Collector on the recommendation of the Assistant Collector 2nd Grade and the Assistant Collector 1st Grade respectively. The petitioner challenged his appointment by way of appeal before the Divisional Commissioner which was allowed vide order dated 24.03.2011 and the case was remanded back to the Collector by noticing that "the Sarpanch of the village has certified that respondent Tej Bhan is working at his shop in Dharuhera village and he is not available till late evening. This fact has been ignored by the ld. Collector. The selection of a candidate who is not available during day time is not in the interest of the villagers".

(2.) Respondent No. 5 challenged order of remand passed by the Divisional Commissioner by way of revision which has been allowed by the Financial Commissioner vide his order dated 06.12.2011 observing as under:--

(3.) Counsel for the petitioner has submitted that the Financial Commissioner has not looked into the matter which prevailed with the Divisional Commissioner at the time his appeal was allowed, namely, the question of absentee Lambardar.