MALKHAN SINGH Vs. FINANCIAL COMMISSIONER HARYANA AND OTHERS

JUDGEMENT

(1.) Feeling aggrieved against the impugned order dated 11.1.2016 (Annexure P-6) passed by the Financial Commissioner, Haryana, whereby order dated 7.3.2014 (Annexure P-4) passed by the Commissioner, Rohtak Division, Rohtak, remanding the case to Collector for fresh decision, for appointment on the post of Lambardar, was upheld, petitioner has approached this Court by way of present writ petition under Articles 226/227 of the Constitution of India, for quashing the impugned orders.

(2.) Notice of motion was issued and in compliance thereof, short reply by way of affidavit of Collector, Karnal-respondent No.3 has been filed. However, neither any reply has been filed either on behalf of respondent No.4 nor on behalf of respondent No.5, despite seeking and having been granted three opportunities. Today, they did not seek any further time for the said purpose. Heard learned counsel for the parties.

(3.) Appointing authority for the post of Lambardar is the District Collector. Petitioner was appointed as Lambardar by the District Collector, Karnal, vide self contained order dated 25.10.2011 (Annexure P-2). A bare perusal of the order Annexure P-2 would show that learned District Collector examined, discussed and considered all the relevant factors, including merits and demerits of all the contesting candidates, before passing his order. Nothing adverse was found against the petitioner. It is neither pleaded nor argued case on behalf of any of the respondents that petitioner was suffering from any kind of disqualification, at the time of his appointment as Lambardar by the District Collector, vide above said order dated 25.10.2011 (Annexure P-2).