R.M. Lodha, J. - (1.) Leave granted.
(2.) The controversy in this appeal by special leave relates to the appointment of Lambardar for village Pehladgarh, Tehsil and District Bhiwani. The said post fell vacant due to the death of the then Lambardar on August 1, 2000. Four persons applied for that post but later on two candidates withdrew their candidature and the present Appellant and Respondent No. 1 remained for selection. The Collector, Bhiwani by his order dated December 15, 2005 considered the candidature of these two candidates and issued an order of appointment in favour of Respondent No. 1 as Lambardar of village Pehladgarh. In the opinion of the Collector, Bhiwani, Satbir Singh, Respondent No. 1, was more suitable. This is how the Collector, District Bhiwani considered comparative merits of these two candidates: ...I have come to conclusion that Satbir Singh candidate is a suitable candidate. He is Matric pass and has passed the B.A. from Military. He has 7 acres of land which is sufficient for filing taxes. Satbir Singh candidate is younger in age than the other candidate and being healthy and active, he is capable to perform the job of Lambardari effectively. Shri Ishwar Singh candidate has cut the green, neem tree from the panchayat land and the allegation was leveled upon his brother Sudesh for cutting neem tree as his family members namely Sube Singh as the Sarpanch. It is thus clear that Ishwar Singh candidate is not person of a clean antecedents. Therefore on the basis of the above mentioned facts Shri Satbir Singh son of Shri Ram Jiwan is appointed as Lambardar of village at the place of Siri Chand deceased Lambardar of village Pehladgarh
(3.) The present appellant assailed the aforesaid order of the Collector, District Bhiwani by filing an appeal before the Commissioner, Hissar Division. The Commissioner, Hissar Division did not agree with the view of the Collector, Bhiwani in respect of suitability of the present Respondent No. 1. The Commissioner, Bhiwani held: ...From the perusal of the record, it is found that the appellant has more land than the respondent and he is B.A. pass and retire from the Military service as Honorary Captain, whereas the respondent is Matriculate and retire as Havaldar. The appellant remained Sarbrah Lamberdar of his father for many years and he has the experience of Lambardar. No document was produced on the file which can prove the illegal possession of the appellant. The allegation against the appellant for cutting the green neem tree from the panchayat land is also not proved whereas the Collector did not accept. The appellant having the good antecedents on this basis, which is not legally justified. Besides this, Tehsildar Bhiwani and S.D.O.(civil), Bhiwani have also recommended the name of the appellant for his appointment. Though the Collector is the appointing authority of the post and his order should not be interfered in general conditions but I do not find that the order of Collector, Bhiwani is not justified on the grounds mentioned above and I hereby set aside on this ground and appoint appellant-Shri Ishwar Singh as Lambardar of village Pehladgarh. ;