- (1.) This judgment will dispose of CWP No. 15031 of 2001 titled 'Om Parkash v. State of Haryana and others' and CWP No. 5725 of 2000 titled 'Ramphal v. State of Haryana and others' as they arise from the common orders. For brevity sake, facts are being taken from CWP No. 15031 of 2001.
(2.) Instant writ petition under Articles 226/227 of the Constitution of India has been filed for quashing the order dated 04.06.1997 (Annexure P-1) passed by Collector, Hisar, order dated 02.11.1998 (Annexure P-2) passed by Commissioner, Hisar, and order dated 20.10.1999 (Annexure P-3) passed by Financial Commissioner, Haryana.
(3.) Brief facts of the case are that to fill up the vacancy caused on account of death of Tara Chand, Lambardar of village Pali, Tehsil Narnaud, District Hisar, applications were invited from interested persons by making proclamation through beat of drum in the village after obtaining necessary approval from the competent authority. In pursuance of proclamation ten candidates submitted their applications. Later on, Dharambir son of Tara Chand, Sajan Singh son of Pirthi Singh, Balwant son of Mange and Jai Pal Singh son of Rishi Lal retired from the contest and only six candidates, namely, Rajbir Singh son of Tara Chand, Ramphal son of Richhpal, Om Parkash son of Kuda Ram, Kartar Singh son of Narain Singh, Karambir son of Dhanpat and Dharambir son of Tara Chand remained in the fray. After examining the comparative merits of the remaining six candidates, Naib Tehsildar and Tehsildar, Narnaud recommended the name of Om Parkash son of Kuda Ram for appointment as Lambardar. SDO, Hansi also considered the recommendations of the subordinate authorities and also recommended the name of Om Parkash. Contesting candidates appeared before the Collector, Hisar. The Collector after appreciating the comparative merits of the candidates found Ram Phal to be fit and suitable candidate and vide impugned order dated 04.06.1997 (Annexure P-1) appointed him as Lambardar of the village. Against the order of the Collector Om Parkash and Rajbir filed appeals before the Commissioner, Hisar. The Commissioner vide order dated 02.11.1998 (Annexure P-2) dismissed the appeal of Om Parkash and allowed the appeal of Rajbir and appointed him Lambardar of the village. Against the order of the Commissioner, Ramphal and Om Parkash filed revision petitions before the Financial Commissioner, which have been dismissed vide order dated 20.10.1999 (Annexure P-3). Hence, instant writ petitions by Om Parkash and Ramphal.;