BALBIR SINGH Vs. FINANCIAL COMMISSIONER HARYANA AND ANOTHER

JUDGEMENT

(1.) The short issue that falls for consideration of this Court is whether the Commissioner was justified in law, while appointing a defaulter as Lambardar, setting aside the order passed by the Collector without recording any finding that order passed by the Collector was suffering from any patent illegality or perversity.

(2.) Brief facts of the case are that on the death of late Sh. Ishar Dass Lambardar, one post of the Backward Class Lambardar fell vacant in the village of the parties. Proceedings were initiated to fill up this post. Considering and appreciating the comparative merits of the candidates, District Collector, Fatehabad, vide order dated 30.1.2007, appointed the petitioner as Lambardar. Dissatisfied, respondent No.2 filed his appeal before the Commissioner, Hisar Division, who accepted the same appointing him as Lambardar, by setting aside the order of the Collector. The order dated 11.10.2007 (Annexure P-2) passed by the Commissioner was challenged by the petitioner before the Financial Commissioner by way of revision petition. However, the Financial Commissioner, vide his order dated 2.4.2009 (Annexure P-12), dismissed the revision petition. An application was also filed for recalling the order dated 2.4.2009, but the same was also dismissed by the Financial Commissioner, vide order dated 10.2.2011 (Annexure P-14).

(3.) Feeling aggrieved against the abovesaid impugned orders, the 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.