RICHH PAL Vs. FINANCIAL COMMISSIONER, HARYANA, CHANDIGARH AND OTHERS
LAWS(P&H)-2012-9-525
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 05,2012

RICHH PAL Appellant
VERSUS
FINANCIAL COMMISSIONER, HARYANA, CHANDIGARH AND OTHERS Respondents

JUDGEMENT

- (1.) On 20.12.2005, applications were invited to fill up the post of B.C. Lambardar in Village Badanpur, Tehsil Narwana, District Jind. Respondent No.4 was the only applicant, who submitted his application. Assistant Collector Ist Grade in his order dated 16.1.2006, viewed that the proclamation was not done properly in the village and issued direction for inviting fresh applications from the villagers. This was on the basis of a complaint made by the villagers, which included the petitioner as well. Thereafter, the petitioner also applied for the post alongwith respondent No.4 and one Shiv Kumar. Shiv Kumar did not come present and was proceeded ex-parte. The petitioner and respondent No.4 alone remained in the field. The petitioner is a matriculate and was owning 28 kanals of land. Respondent No.4, on the other hand, was not owning any land.
(2.) On 4.9.2007, the Collector appointed the petitioner as Lambardar. Respondent No.4 filed an appeal against this order. He pleaded that his Aunt Ram Bai had made a will of 2 acres of land in his favour. Respondent No.4 further stated that after death of Bhana Ram, Lambardar, he has been collecting land tax and water tax and depositing the same in the treasury. Appeal filed by respondent No.4, however, was dismissed on 16.7.2009. The Commissioner found that the integrity of respondent No.4 was doubtful. The academic qualification of the petitioner was also considered better. It is pointed out that work of B.C. Lambardar is not to collect the land revenue but main work is to verify the documents or to identify the parties.
(3.) Respondent No.4 accordingly filed a revision against this order before the Financial Commissioner, who allowed the revision on 8.7.2010 and has set-aside the well-reasoned orders passed by the Collector and the Commissioner. Terming this order to be arbitrary, discriminatory and illegal, the petitioner has filed the present petition before this Court.;


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