KISHAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Present writ petition is directed against the order dated 7.6.1999 (Annexure P-15), passed by the Financial Commissioner (Revenue), Haryana-respondent No. 1, whereby he set aside the order dated 6.6.1997 (Annexure P-14) passed by Commissioner, Gurgaon Division, restoring the removal order of the petitioner from the post of Lambardar, passed by the District Collector on 15.2.1996 (Annexure P-13). Notice of motion was issued by a Division Bench of this Court vide order dated 25.5.2001, however, no stay was granted. Written statement was filed. Thereafter, writ petition was admitted for regular hearing by the Division Bench, vide order dated 28.11.2002. That is how, this Court is seized of the matter.

(2.) In compliance of the order dated 24.5.2016 passed by this Court, original official record was made available, which has been perused by this Court with the able assistance of learned counsel for the parties. Perusal of the official record would show that petitioner was appointed as Additional Lambardar (Backward Class), by the Assistant Collector 1st Grade, Palwal, vide order dated 11.3.1988, which is available at reverse side of page 15 of the official file, made available to this Court.

(3.) During the course of enquiry conducted by the Naib Tehsildar (Palwal), it also came to the notice in the deposition of one Sh. Jagan Singh that the petitioner, in connivance with his father, got a decree of 14 acres of land of Gram Panchayat in his name illegally and also got the land mutated in his favour. Thereafter, he filed 14 cases against the Gram Panchayat through his father. Gram Panchayat met the Deputy Commissioner and got girdawaris as well as mutations changed in favour of the Gram Panchayat. Criminal case was registered against father of the petitioner as well as Halqa Patwari under Section 420 IPC, which was stated to be pending trial. A copy of self contained enquiry dated 1.12.1995 is available on record as Annexure P-12. While recording the abovesaid facts, learned District Collector, Faridabad, passed the impugned order dated 15.2.1996 (Annexure P-13), removing the petitioner from the post of Lambardar. Relevant operative part of the impugned order passed by the District Collector, which deserves to be noticed here, reads as under:-