PREM CHAND Vs. F C HARYANA

JUDGEMENT

(1.) Dispute in this writ petition pertains to appointment of Lambardar of Village Gwal Pahari, Tehsil Sohana, District Gurgaon. On accrual of vacancy, applications were invited and after consideration of the reports made by the subordinate revenue authorities, the petitioner was appointed as Lambardar of the village. Respondent No. 3 went in appeal, which was time barred, wherein he specifically stated that no proclamation was made in the village and the factum of inviting applications came to his notice only when he came to know about appointment of the petitioner, as Lambardar of the village.

(2.) The Commissioner has specifically noted that, in fact, there is no proof that proclamation was made in the village and consequently, allowed the appeal also by noting a fact that the petitioner had been convicted in a criminal case and punishment of fine of Rs.5,000/-, was imposed upon him. The relevant portion of the order passed by the Commissioner dated 06.03.2003, reads thus:-

(3.) The petitioner went in revision, which was dismissed. The Financial Commissioner gave an opportunity to the petitioner to prove that proclamation was done by the Chowkidar of the village, for inviting applications to the post of Lambardar, but he failed to produce any report made by the Chowkidar with regard to effecting proclamation in the village. In view of this, we feel that the order passed by the Commissioner and Financial Commissioner, are perfectly justified. It is open to the petitioner to prove his case, on merit ,before the Collector, to whom the matter has been remanded. No case is made out for interference. Dismissed.