RAJBIR Vs. FINANCIAL COMMISSIONER, HARYANA AND OTHERS

JUDGEMENT

(1.) Instant writ petition has been filed under Article 226 of the Constitution of India for setting aside the order dated 21.10.2008 (Annexure P-4) passed by the Collector, Jind whereby respondent No.4 has been appointed as Lambardar of Sindher Patti of village Barta, orders dated 26.05.2009 (Annexure P-5) passed by the Commissioner, Hisar Division, Hisar and the order dated 23.01.2014 (Annexure P-8) passed by the Financial Commissioner, Haryana whereby appeal and revision, respectively, filed by the petitioner have been dismissed.

(2.) Brief facts of the case are that to fill up the vacancy caused on account of death of Amar Singh, Lambardar of village Barta, applications were invited from the interested persons by making proclamation in the village after obtaining necessary sanction from the Collector. In furtherance of proclamation, 11 candidates submitted their applications out of which 9 withdrew their candidature. Petitioner Amar Singh and respondent No.4-Balwan were left in the fray. The Collector after appreciating the comparative merit of the two candidates found respondent no.4-Balwan Singh to be fit and suitable and vide impugned order dated 21.10.2008 (Annexure P-4)appointed him as Lambardar of the village. Petitioner filed an appeal before the Commissioner, Hisar Division, Hisar who set aside the order dated 21.10.2008 vide order dated 26.05.2009 (Annexure P-5) and directed the Collector to initiate de novo process to fill up the vacant post of Lambardar. Being dissatisfied, the petitioner and respondent No.4 preferred separate revision petitions before the Financial Commissioner, who vide order dated 02.12.2010 (Annexure P-6) set aside the order dated 26.05.2009 (Annexure P-5) and restored the order passed by the Collector appointing respondent No.4 as Lambardar. Thereafter, the petitioner filed CWP-16259 of 2011 which was allowed and matter was remanded to the Financial Commissioner, Haryana for deciding the matter afresh by passing an appropriate order in accordance with law after granting due opportunity of being heard to the parties. Thereafter, vide impugned order dated 23.01.2014 (Annexure P-8), Financial Commissioner, Haryana dismissed the revision filed by the petitioner upholding the appointment of respondent No.4 as Lambardar. Hence, this writ petition.

(3.) I have heard learned counsel for the parties and perused the record.