BANSIDHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the writ petition is to the orders (Annexures P3, P4 and P5) passed by the Collector, Commissioner and the Financial Commissioner by which none of the candidates who applied for being appointed as Lambardar of village Sihma, Tehsil Narnaul, District Mahendergarh, was found fit to be appointed as they did not fulfil the requisite qualifications.

(2.) Upon the death of Manohar Lal, a Harijan Lambardar of village Simha, a proclamation was effected in order to fill up the vacant post of Lambardar. The petitioner along with two others, namely, Khushi Ram and Hari Om applied for the said post. The Assistant Collector IInd Grade, Narnaul, recommended the name of Hari Om.

(3.) However, the Assistant Collector Ist Grade recommended the name of the petitioner- Bansidhar and set aside the recommendations of the Assistant Collector IInd Grade, Narnaul. The matter came up before the Collector who found that all the three candidates were not suitable for the post of Lambardar. It was found that the petitioner- Bansidhar is an Advocate and practices at Narnaul and remains absent from village Simha. He was also found to be in unauthorized possession of 34 Sq. ft. of land belonging to the Gram Panchayat and a case in this regard was pending in the Court of the Assistant Collector Ist Grade, Narnaul. The other candidate-Khushi Ram was found to be a defaulter of Gurgaon Gramin Bank since 1989 whereas the 3rd candidate-Hari Om was in service of the Delhi Police as a Head Constable. Thus, the candidature of all the three candidates was rejected and it was ordered that fresh proclamation be carried out in the village and a suitable candidate be selected for the post of Lambardar. The orders of the Collector have been upheld by the Commissioner vide order-Annexure P-4 and also by the Financial Commissioner vide order-Annexure P5.