KULJIT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order shall dispose of two petitions bearing CWP Nos. 10978 and 19707 of 2014 as both are inter-connected. However, for the sake of convenience, the facts are being extracted from CWP No. 10978 of 2014.

(2.) In brief, the office of Lambardar (Backward Class Category) of village Masana, Tehsil Thanesar, District Kurukshetra, for which there were four candidates in competition, namely, Kuljit Singh, Surmukh Singh, Mukhtiar Singh and Narinder Singh. The Tehsildar, Thanesar recommended the name of Mukhtiar Singh to the Sub Divisional Officer (Civil) who, however, recommended the name of Kuljit Singh to the Collector. The Collector appointed Kuljit Singh as Lambardar on 30.06.2010. The said appointment was challenged by other two candidates, namely, Mukhtiar Singh and Surmukh Singh by way of appeal before the Divisional Commissioner, who vide his order dated 21.12.2010, after setting aside the order of the Collector, remanded the case back to him to re-decide the matter. The order of the Divisional Commissioner was challenged by Kuljit Singh before the Financial Commissioner but his revision petition was dismissed on 22.07.2010.

(3.) In the second round, the Collector, vide his order dated 20.12.2011, appointed Mukhtiar Singh. The appointment of Mukhtiar Singh was challenged by way of appeals filed by Kuljit Singh and Surmukh Singh before the Divisional Commissioner. The appeal filed by Kuljit Singh was allowed and he was appointed as Lambardar, whereas the appeal filed by Surmukh Singh was dismissed. Now it was the turn of Mukhtiar Singh along with Surmukh Singh to file two revision petitions before the Financial Commissioner. The Financial Commissioner dismissed the revision filed by Surmukh Singh and accepted the appeal of Mukhtiar Singh and reversed the order of the Divisional Commissioner and restored the order of the Collector. As a result thereof, these two petitions have been filed, one by Kuljit Singh and the other by Surmukh Singh, to challenge the appointment of Mukhtiar Singh.