RANDHIR SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Prayer in the present petition is for setting aside the order dtd. 9/1/2023 (Annexure P-3) passed by respondent learned Financial Commissioner, in ROR No.127/2021-22, order dtd. 3/2/2021 (Annexure P-2) passed by the Commissioner, Rohtak Division, Rohtak in Executing Appeal No.232 of 2019 and order dtd. 30/10/2019 (Annexure P-1) passed by the Collector, Rohtak in case No.38 of 2017.

(2.) Adumbrated facts of the case are that on resignation of Bhim Singh, earlier Lambardar of the village Naunand, post of new General Lambardar fell vacant. Thus, the process for the appointment of new Lambardar was initiated. The Collector, Rohtak vide order dtd. 23/2/2012 appointed one Prem Singh as Lambardar of the village under the General category. However, the same was challenged by Randhir Singh-petitioner and Ramchander-respondent No.4 by way of filing their separate appeals before the Commissioner, Rohtak Division, Rohtak. The Commissioner decided both the appeals vide order dtd. 16/1/2013 and remanded the case to the Collector for deciding the case afresh. The order passed by the Commissioner was challenged by Prem Singh by way of filing ROR No.169 of 2012-2013 before the learned Financial Commissioner, Haryana. However, the same was dismissed by the learned Financial Commissioner vide order dtd. 21/1/2015. The order passed by the learned Financial Commissioner was challenged by Prem Singh by way of filing writ petition bearing No. CWP-1912-2015, but during the pendency of the same, Prem Singh died and thus, the writ petition was dismissed having become redundant vide order dtd. 2/8/2017. Thereafter, the Collector heard the case afresh in view of the order passed by the Commissioner dtd. 16/1/2013. There were three candidates, namely, Ramchander (respondent No.4), Randhir Singh (petitioner) and Rajesh (respondent No.5) in the fray. On appreciation of the inter-se merits of all the candidates, it was found as follows:- <FRM>JUDGEMENT_31_LAWS(P&H)1_2024_1.html</FRM>

(3.) Their character verifications were conducted. The learned Collector on the overall evaluation of the inter-se merits and demerits of the candidates in fray, found respondent No.4-Ramchander to be the most suitable candidate and thus, appointed him as new Lambardar under the General Category of village Naunand vide order dtd. 30/10/2019 (Annexure P-1). Aggrieved by the same, Randhir Singh (petitioner) and Rajesh (respondent No.5) filed their independent appeals before the Commissioner, Rohtak Division, Rohtak. Both the appeals were heard together by the learned Commissioner, however, finding no merit in the same, both the appeals were dismissed vide order dtd. 3/2/2021 (Annexure P-2). Aggrieved by the same, the petitioner filed a revision petition before the learned Financial Commissioner, who also found no merit in the same and dismissed the revision petition vide order dtd. 9/1/2023 (Annexure P-3). Thus, the order passed by the Collector has been upheld by both the Appellate and Revisional authorities. Hence, the petitioner has approached this Court by way of filing the present petition.