MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has challenged order dated 30.8.2011 passed by respondent No. 1 by which order of the Collector dated 20.5.2011 appointing him as Lambardar and order of the Divisional Commissioner dated 28.12.2010 upholding the order of the Collector has been illegally set aside. In brief, the post of Lambardar of General Category of village Rudrol, Tehsil Dadri, District Bhiwani, fell vacant after the death of Kuldeep Singh. After the proclamation to fill up the vacant post, three applications were received. Tehsildar Dadri as well as S.D.O. (Civil) recommended the name of respondent No. 4 to the Collector, who vide his order dated 28.12.2010 appointed the petitioner as Lambardar after considering inter se merits of the candidates. His order was challenged by respondent No. 4 by way of appeal which was dismissed by Divisional Commissioner vide his order dated 20.5.2011. Respondent No. 4 preferred revision petition before the Financial Commissioner, which has been allowed vide the impugned order dated 30.8.2011.

(2.) Learned counsel for the petitioner has submitted that the Collector is the appointing authority, who had considered respective merits of the parties and finding the petitioner to be more suitable for the post of Lambardar, appointed him in place of respondent No. 4. In this regard, the comparative table prepared in the Naksha Lambardari is reproduced as under:--

(3.) It is further submitted that while dismissing the appeal filed by respondent No. 4, the Divisional Commissioner passed the following order:--