JASPAL SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) PETITIONER is aggrieved against the appointment of Dhoom Singh (respondent No. 6) as Lambardar of village Fatehpur, District Yamuna Nagar by the Collector, Yamuna Nagar vide his order dated 12.08.2009 which was upheld by the Commissioner, Ambala as well as Financial Commissioner (Appeals) Haryana. Learned counsel for the petitioner has submitted that the authorities below have committed a grave error in rejecting the claim of the petitioner. Respondent No. 6 -Dhoom Singh is not resident of village Fatehpur as he holds land in Village Chouri, Tehsil Saharanpur (U.P.). He has also made encroachment by including the land of phirni (outer ringh road/passage of the village). Petitioner was, thus, only suitable candidate for appointment as Lambardar. He submits that impugned orders are unsustainable. Thus, they deserve to be set -aside.

(2.) IT appears that 8 applications with regard to vacant post of Lambardar in village Fatehpur, Tehsil Jagadhri were received by Assistant Collector Grade II, Jagadhri. After following the due process, Assistant Collector Grade II, Jagadhri recommended the name of Dhoom Singh as suitable candidate for the vacant post of Lambardar. After considering the recommendation, Collector Yamuna Nagar, vide his order dated 12.8.2009 found Dhoom Singh (respondent No. 6 herein) as fit candidate for the vacant post of Lambardar. Aggrieved, against the said order, petitioner preferred an appeal before the Commissioner, Ambala but the same was dismissed on the ground that appointment of Lamberdar cannot be disturbed unless same suffered from any irregularity or perversity. Revision was later preferred before the Financial Commissioner, Haryana which met the same fate. I find no infirmity with the orders passed. Needless to observe, that the order of the Collector can only be interfered if there is any perversity in appreciating the evidence led by the parties, otherwise, choice of the Collector has to be honoured. There is, thus, no scope for interference in writ jurisdiction. Dismissed.