MAHINDER SINGH Vs. FINANCIAL COMMISSIONER, HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has sought a writ in the nature of certiorari for quashing order dated 28.11.2011, passed by Financial Commissioner, Haryana whereby he reversed the order passed by the Commissioner and upheld the order passed by the Collector appointing respondent No.4 as Lambardar of the village.

(2.) On death of Jaswant Singh Lambardar of village Belona, District Karnal, petitioner was appointed as Sarbara Lambardar in place of his father. He continued as such for number of years. When process for appointment of regular Lambardar was initiated, District Collector, Karnal appointed respondent No.4 as Lambardar. Aggrieved, petitioner filed appeal before Commissioner, Rohtak Division. Said authority embarked upon a comparison of relative merit of candidates and reversed the order of the Collector. Respondent No.4 impugned the said order before the Financial Commissioner, Haryana. After considering rival stand of the parties, said authority came to the conclusion that Commissioner ought not to have interfered with the findings arrived at by the Collector as no perversity was found therein. Petitioner's stand before this court is that order passed by Financial Commissioner is unsustainable as he has not considered merits of the candidates in correct perspective. I find no force in this argument. It is evident that Collector made his choice on the basis of available record/recommendations. Normally such choice would be sustainable unless some serious defect is pointed out. Under the circumstances, there is no ground to interfere in writ jurisdiction.

(3.) Appeal Dismissed