SATBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) CM-15743-2014

(2.) Instant writ petition has been filed under Article 226 of the Constitution of India for setting aside the order dated 19.07.2013 (Annexure P-4) passed by respondent no.2-Commissioner, Gurgaon Division, Gurgaon whereby appeal filed by respondent no.4-Satpal against the order dated 08.05.2012 (Annexure P-3) appointing the petitioner as Lambardar has been accepted and respondent no.4 has been appointed as Lambardar and also against the order dated 17.09.2014 (Annexure P-5) passed by respondent no.1-Financial commissioner, Haryana whereby revision filed by the petitioner against the order dated 19.07.2013 (Annexure P-4) has been dismissed.

(3.) Brief facts of the case are that to fill up the vacancy caused on account of death of Mool Chand, Lambardar (SC) of village Makalwas, Tehsil Farrukh Nagar, District Gurgaon, applications were invited from the interested persons by making proclamation in the village after obtaining necessary sanction from the Collector. In furtherance of proclamation, petitioner-Satbir and respondent no.4-Satpal applied for the post of Lambardar. The Assistant Collector-IInd Grade, Farrukh Nagar made recommendations in favour of respondent no.4-Satpal. The Collector, Gurgaon after appreciating the comparative merit of the candidates found petitioner-Satbir to be fit and suitable candidate and vide order dated 08.05.2012 (Annexure P-3) appointed him as Lambardar of village Makalwas. Feeling aggrieved, respondent no.4- Satpal preferred an appeal which has been allowed by respondent no.2- Commissioner, Gurgaon Division, Gurgaon vide impugned order dated 19.07.2013 (Annexure P-4) and order dated 08.05.2012 (Annexure P-3) passed by the Collector has been set aside and respondent no.4 has been appointed as Lambardar of village. Against that, the petitioner preferred revision before respondent no.1-Financial Commissioner, Haryana which has been dismissed vide impugned order dated 17.09.2014 (Annexure P- 5). Hence, this writ petition.