BIJA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant petition is directed against the order dated 1.8.2012 passed by the learned Financial Commissioner, Haryana thereby dismissing the revision of the petitioner against the order dated 2.5.2012 (Annexure P-8), passed by the learned Commissioner, Ambala Division, Ambala, remanding the case back to the learned Assistant Collector 2nd Grade, Thanesar, directing him to get proclamation conducted again in the village, inviting the applications for appointment to the post of Lambardar. Shorn of the detailed and chequered history of the case, it would suffice to refer to the basic facts necessary for disposal of the present petition. Consequent upon the death of Sh. Pannu Ram, Lambardar, post of Scheduled Caste Lambardar fell vacant in village Sarai Sukhi. With a view to fill up the post of Scheduled Caste Lambardar, proceedings were initiated. The proclamation was got conducted in the village and finally, vide order dated 29.11.2005, the learned Collector, Kurukshetra, appointed the petitioner as Lambardar.

(2.) Dissatisfied with the order passed by the learned Collector, respondent No. 6 filed his appeal before the learned Commissioner, Ambala Division, Ambala, which was dismissed and his revision was also dismissed by the learned Financial Commissioner. Thereafter, respondent No. 6 approached this Court, by way of Civil Writ Petition No. 11505 of 2009 (Ram Sarup v. State of Haryana and others), which came to be allowed by this Court, vide order dated 16.8.2010. The matter was remanded back to the learned Financial Commissioner to pass a fresh order in view of the observations made by this Court. In compliance of the above said order passed by this Court, the learned Financial Commissioner, vide order dated 7.12.2010, set aside the order dated 11.4.2007 passed by the learned Commissioner, Ambala Division, and remanded the case back to the learned Commissioner, for passing a fresh order after hearing the parties and giving clear findings on the issues/observations made by this Court.

(3.) Thereafter, the learned Commissioner, vide his order dated 2.5.2012, found that both the candidates were not eligible for the post of Lambardar. He remanded the matter back to Assistant Collector, 2nd Grade, Thanesar, directing to invite fresh applications from the eligible persons, after conducting due proclamation in the concerned area.