JOG DHIAN Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) JOG Dhian, the petitioner herein, sought appointment on the post of Lambardar that became vacant due to the death of Shri Amar Singh, the then Lambardar of village Ghespur, Sub Tehsil Radaur. Whereas, the Collector vide its order dated 7.6.2001, Annexure P-2, after following the procedure and after considering the candidature of the petitioner and one Hari Chand, preferred to appoint the latter as Lambardar, choice of the Commissioner in an appeal preferred by the petitioner against the order, Annexure P-2, fell on the petitioner. Hari Chand, constrained of the order passed by the Commissioner dated 26.2.2002, Annexure P-3, filed an appeal before learned Financial Commissioner, who dismissed the same on 8.4.2003 (Annexure P-4). Hari Chand sought review of order, Annexure P-4, dated 8.4.2003 and on 22.7.2003, learned Financial Commissioner, without, at that stage, issuing a notice or hearing the petitioner, passed the following order :-

(2.) IN the backdrop of the facts, as mentioned above, while seeking appointment on the post of Lambardar, the petitioner, naturally, seeks setting aside of orders, Annexures P-5 and P-6, in the present writ filed by him under Article 226 of the Constitution of India, on the two fold grounds that learned Financial Commissioner in the powers vested with him under Section 15 of the Punjab Land Revenue Act, 1887, dealing with review, had no jurisdiction to modify/review his earlier order without issuing notice to him and secondly, that he is far more meritorious than Hari Chand, who was appointed as Lambardar by the Collector, which order has since been set aside by learned Commissioner and which was, in the first instance, upheld by learned Financial Commissioner as well.

(3.) IT appears that on the same very day, order passed by this Court on 30.1.2004 came to the notice of the Bench, then seized of the matter, and, therefore, the Bench recorded the following order on the same very day :-