SANT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The office of Lambadar of village Rathiwas, Tehsil Tauru, District Mewat fell vacant on the death of Bachan Singh on 27.10.2013. In order to fill up the said vacant post, applications were invited by the Assistant Collector 2nd Grade by making proclamation, pursuant to which five persons applied for the said post, namely, petitioner Sant Pal, respondent no. 5 Naval Singh, respondent No. 6 Krishan, respondent No. 7 Ratti Pal and one Kartar Singh. However, Kartar Singh withdrew his application, allegedly in favour of the petitioner. The Assistant Collector 2nd Grade, after taking into consideration the respective merits of all the four candidates, recommended the name of the petitioner for appointment to the post of Lambardar vide his order dated 03.06.2014. However, the second recommending authority, namely, the Assistant Collector 1st Grade, Nuh, recommended the name of respondent No. 5 Naval Singh, vide his order dated 12.11.2014. The Collector did not find any of the candidates suitable for appointment for the reasons recorded in his order dated 10.06.2015 and terminated the entire proceedings initiated for appointment of Lambardar and directed that it may be started de-novo by inviting fresh applications, giving liberty to all the four candidates to also apply. The candidature of the petitioner was found not suitable by the Collector on the following grounds:-

(2.) The order of the Collector was challenged only by the petitioner in appeal before the Commissioner, Gurgaon Division, Gurgaon. Though the said appeal was accepted but only to the extent that the petitioner would be at liberty to make fresh application along with the other candidates but at the time of accepting the appeal, the following observations were made by the Divisional Commissioner:-

(3.) Still aggrieved, the petitioner filed revision before the Financial Commissioner. The said revision petition was dismissed on 008.2015 by observing as under:-