INDER SINGH Vs. FINANCIAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) CM-9365-2013

(2.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for setting aside order dated 25.11.2011 (Annexure P-2) passed by respondent No. 2-Commissioner, Hisar Division, Hisar whereby order dated 21.09.2011 (Annexure P-1) passed by respondent No. 3-Collector Sirsa, has been set aside and respondent No. 4-Dev Raj has been appointed as Lambardar (General) and order dated 14.03.2012 (Annexure P-3) passed by respondent No. 1-Financial Commissioner, Haryana whereby appeal filed by the petitioner has been dismissed.

(3.) Brief facts of the case are that to fill up the vacancy caused on account of demise of Bansi Lal, Lambardar (General) of village Nagoki, District Sirsa, applications were invited from the interested persons by making proclamation in the village after obtaining necessary sanction from the Collector. In furtherance of proclamation, 6 candidates submitted their applications. After hearing all the candidates, Sub Tehsildar vide his report dated 27.06.2011 recommended the name of respondent No. 4-Dev Raj and sent the file to Sub Divisional Officer (C), Sirsa. However, Sub Divisional Officer (C), Sirsa recommended the name of petitioner-Inder Singh as Lambardar (General) of village Nagoki, Tehsil & District Sirsa. The Collector after appreciating the comparative merit of the candidates found the petitioner to be fit and suitable candidate and vide order dated 21.09.2011 (Annexure P-1) appointed him as Lambardar (General) of village Nagoki, Tehsil & District Sirsa. Feeling aggrieved, respondent No. 4 preferred an appeal before respondent No. 2-Commissioner Hisar Division, Hisar which has been accepted vide impugned order dated 25.11.2011 (Annexure P-2) and order dated 21.09.2011 passed by Collector Sirsa has been set aside holding that the Collector has ignored the documentary evidence and respondent No. 4 has been appointed as Lambardar (General). Thereafter, the petitioner preferred an appeal against the impugned order dated 25.11.2011 (Annexure P-2) before respondent No. 1-Financial Commissioner, Haryana which has been dismissed vide impugned order dated 14.03.2012 (Annexure P-3). Hence, this writ petition.