ATTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) CM Nos. 14230 -31 -CWP -2013

(2.) THE petitioner has challenged orders dated 30.01.2009, 10.06.2011 and 14.09.2011 passed by the Collector, Commissioner and Financial Commissioner respectively, dismissing him from the post of Lambardar. The petitioner was Lambardar of village Narnaul, against whom an inquiry was conducted by the Executive Magistrate in terms of the order passed by the Deputy Commissioner, Mohindergarh, on a complaint based on various issues. In the inquiry report dated 16.10.2008, it was observed that he is in illegal possession of Municipal Council's land on Teejon Wali Pahari by constructing a house. He has not paid water charges of Rs. 24,687/ - and has also not paid the house tax to the Municipal Council amounting to Rs. 5,292/ -, which was paid after the complaint on 19.09.2008. It is alleged that the petitioner, apprehending dispossession from the house in dispute, filed the Civil Suit which was dismissed by the Trial Court but his appeal was disposed of by the Appellate Court observing that the petitioner be not dispossessed except in due course of law. It is further alleged that on the basis of an inquiry report, the Collector, Mohindergarh, vide his order dated 30.01.2009, dismissed the petitioner from the post of Lambardar on the ground of being in illegal possession of Municipal Council's land and non -payment of municipal dues of water charges and house tax. The order of the Collector was upheld by the Commissioner, Gurgaon Division, Gurgaon, on 10.06.2011 and the Financial Commissioner on 14.09.2011, inter alia, on the ground that the petitioner has been found to be in illegal possession of the municipal land.