(1.) Challenge in this writ petition is to the order dated 28.10.2015 (Annexure P-4) passed by the Financial Commissioner, Department of Revenue, Haryana-respondent No.1, whereby the order dated 26.03.2014 (Annexure P-2) passed by the Collector, Rewari, appointing the petitioner as Lambardar of Village Chanduwas, Tehsil Bawal, District Rewari, as also the order dated 28.08.2014 (Annexure P-3) passed by the Commissioner, Gurgaon Division, Gurgaon, dismissing the appeal of respondent No.4, has been set aside and respondent No.4-Sudesh Kumar has been appointed Lambardar of Village Chanduwas.
(2.) Briefly the facts are that the post of Lambardar of Village Chanduwas, Tehsil Bawal, District Rewari, fell vacant upon the death of the earlier Lambardar. Proclamation was issued in the village on 29.03.2013 inviting applications from the interested persons for appointment to the post of Lambardar. Eight applications were received.1 of 10 Character verification of all the eight candidates was carried out, where no blemish was found. Four candidates withdrew their candidature in favour of Sudesh Kumar-respondent No.4. Remaining candidates were given opportunity to place on record the relevant documents and they were heard on 08.11.2013 by Assistant Collector 2nd Grade, Bawal. Name of Sudesh Kumar-respondent No.4 was recommended and sent along with the record to Assistant Collector Ist Grade (District Revenue Officer), Rewari. He heard the candidates of Lambardar i.e. Sudesh Kumar-respondent No.4 and Braham Parkash-petitioner on 07.02.2014 and recommended the name of Braham Parkash for appointment as Lambardar.
(3.) Records along with recommendations were sent to the office of the Collector with a direction to the candidates to appear before the said authority on 21.02.2014. Out of the total four candidates, two of the candidates namely Vijay Singh and Bir Singh did not appear before the Collector and they were ordered to be proceeded against ex parte. Braham Parkash and Sudesh Kumar appeared along with their counsel and they were heard. As regards Sudesh Kumar-respondent No.4, he was 58 years of age, a matriculate with a degree of graduation from Indian Army. He is son of the deceased Lambardar and retired from the post of Naib Subedar from Indian Army with appreciation letter from the Chief of the Indian Army for good service. Rest of the details have also been referred to in the order passed by the Collector. As regards the petitioner, he was 40 years of age and asserted himself to be a graduate apart from other various activities carried out by him.