- (1.) Petitioner Umed Singh has filed the present writ petition under Articles 226/227 of the Constitution of India for quashing of orders dated 28.08.2008 (Annexure P-3) passed by Divisional Commissioner, Gurgaon Division, Gurgaon and 22.04.2010 (Annexure P-5) passed by Financial Commissioner, Haryana whereby order dated 20.09.2005 (Annexure P-1), appointing petitioner as Lambardar has been set aside.
(2.) The brief facts of the case are that on the demise of Tula Ram, Lambardar of Village Bitori, Tehsil and District Rewari, post of Lambardar fell vacant. The Assistant Collector IInd Grade, Rewari initiated the proceedings for filling up the said post after getting approval from the Collector. Munadi/proclamation was got conducted in the village by the Assistant Collector IInd Grade. In pursuant to the proclamation S/Sh.
(3.) Rangrao, Murari Lal, Hakikat Ram, Umed Singh and Bal Kishan residents of Village Bitori submitted their applications for the said post within stipulated period. During the course of the proceedings, Bal Kishan was proceeded against ex parte. The conduct and antecedents of the remaining candidates were got verified from the local police which were found in order. One of the candidates Rangrao withdrew his name. After considering the candidatures of other applicants, Assistant Collector IInd Grade, Rewari recommended the name of Murari Lal and forwarded his case to the SubDivisional Officer (Civil), Rewari, who concurred with the Asstt. Collector IInd Grade and recommended the name of Murari Lal for the post of Lambardar and sent it to the Collector. The learned Collector after appreciating the merits of the respective candidates appointed Umed Singhpetitioner as Lambardar of Village Bitori, Tehsil and District Rewari and observed as under: " After hearing all the candidates properly and after perusal of the file , I have come to the conclusion that candidate Murari Lal resides at Rewari and he remain absent from the village. His name is entered in the voter list of Rewari. It is necessary for a Lambardar to reside in the village. Candidate Hakikat Ram is 10 th Class pass whereas Umed Singh is B.A. pass. Umed Singh is having more agricultural land. Therefore, considering Umed Singh son of Uttam Singh as better candidate for the post of Lambardar, he is appointed as Lambardar of Village Bitori in place of deceased Lambardar Tula Ram. Copy of order be sent to Tehsildar Rewari ";