GURDEV SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) FEELING aggrieved against the order dated 8.8.2011 passed by the Financial Commissioner, Haryana, thereby setting aside the orders of appointment of the petitioner as Lambardar passed by the Collector and Commissioner, petitioner has approached this Court by way of instant writ petition under Articles 226/227 of the Constitution of India, seeking a writ in the nature of certiorari for quashing the impugned order. Brief facts of the case are that proceedings were initiated in the village of the parties for filling up the newly created post of Lambardar. As many as seven persons applied. Finally, petitioner and respondent No. 2 were in the fray. Sub -Divisional Officer (Civil), Ambala recommended the name of the petitioner. After comparing an considering the merits of both the candidates, District Collector, Ambala, vide his order dated 29.8.2007 (Annexure P -1), appointed the petitioner as Lambardar. Respondent No. 2 filed his appeal before the Commissioner, Ambala Division, which was dismissed vide order dated 20.2.2008 (Annexure P -2). However, the revision filed by respondent No. 2 was allowed by the Financial Commissioner, vide impugned order dated 8.8.2011 (Annexure P -3). Hence, this petition.

(2.) NOTICE of motion was issued and pursuant thereto, learned counsel for respondent No. 2 appeared. Repeated opportunities were granted, but no written statement was filed on behalf of respondent No. 2.

(3.) ON the other hand, learned counsel for respondent No. 2 contended that the Financial Commissioner has rightly passed the impugned order because respondent No. 2 was a better placed candidate in comparison to the petitioner. He prays for dismissal of the writ petition.