RISHIPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The controversy pertains to appointment of Lamberdar from the reserved category of Scheduled Castes of village Jawa, Tehsil Charkhi Dadri, District Bhiwani.

(2.) It appears that five candidates applied and the Assitant Collector 2nd Grade after comparing their inter se merit, vide a selfspeaking report dated 25.10.2007 recommended appellant's name for appointment. The Sub-Divisional Officer (Civil), on the other hand, recommended the name of respondent No.7. The Collector, Bhiwani, being the Competent Authority accepted the candidature of respondent No.7 and appointed him. The appellant went in appeal but the Commissioner, Hisar Division dismissed his appeal. He then filed a revision petition before the Financial Commissioner who vide order dated 20.09.2011, compared the inter se merit of two candidates left in fray and having found that the appellant is matriculate; he has got experience as Sarbrah Lambardar; he owns land in the village, his financial condition is sound and is a more mature person, set aside the orders passed by Collector and Commissioner and ordered the appointment of appellant.

(3.) Respondent No.7 approached this Court and learned Single Judge vide impugned judgment has set aside the order of the Financial Commissioner primarily on the ground that the discretion exercised by the Collector must prevail unless found to be suffering from any illegality.