MANABHAR HUSSAIN Vs. FINANCIAL COMMISSIONER, DEPARTMENT OF REVENUE

JUDGEMENT

(1.) The present writ petition is directed against the order dated 4.5.2011 (Annexure P-5) passed by the Financial Commissioner, Haryana, thereby setting aside the order passed by the Commissioner and restoring the order passed by the Collector appointing respondent No. 4 as Lambardar. Brief facts of the case are that consequent upon the death of late Shri Ilias, Lambardar, one post of lambardar fell vacant in the village of the parties. Proceedings were initiated to fill up this post of Lambardar. Seven candidates applied including the petitioner and respondent No. 4. Finally, petitioner and respondent No. 4 were in the fray. Assistant Collector 2nd Grade, Hathin as well as Assistant Collector 1st Grade, recommended the name of the petitioner for appointment to the post of Lambardar. However, the District Collector, Palwal, vide his impugned order dated 7.12.2009, Annexure P-3, appointed respondent No. 4 as Lambardar. Dissatisfied, petitioner filed his appeal before the Commissioner Gurgaon Division, who accepted the same remanding the case back to Collector for fresh decision after considering the merits of the candidates, vide his order dated 16.2.2010, Annexure P-4. Respondent No. 4 challenged the order of Commissioner before the Financial Commissioner and his revision petition was accepted by the Financial Commissioner while setting aside the order passed by the Commissioner and restoring the order of the Collector, vide order dated 4.5.2011, Annexure P-5. Hence, this writ petition.

(2.) While issuing notice of motion on 23.8.2011, this Court passed the following order:-

(3.) Pursuant to the above-said order passed by this Court, written statement was filed on behalf of respondent No. 4. A separate short reply was filed by District Collector, Palwal-respondent No. 3.