- (1.) Instant writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for issuance of writ in the nature of certiorari for quashing of order dated 12.09.2012 (Annexure P/1) passed by Financial Commissioner, Haryana whereby revision petition preferred by respondent No.4 Mani Ram has been accepted and respondent no.4 has been appointed as Lambardar of Village Dongra Jat in place of petitioner Krishan Kumar. Brief facts of the case are that due to death of Phool Singh,
(2.) Lambardar of Village Dongra Jat, post of Lambardar fell vacant. After getting permission from the District Collector, Mahendergarh at Narnaul, process for appointment of Lambardar was initiated. The proclamation was made in the village. In pursuance to the proclamation, four candidates, namely, Mani Ram, Karan Singh, Mahender Singh and Krishan Kumar submitted their applications for the said post. After considering the candidatures of the applicants, Assistant Collector 2nd Grade, Kaniana recommended the name of Mani Ram son of Roop Ram and forwarded his case to the Assistant Collector 1st Grade, Mahendergarh, who concurred with the Asstt. Collector 2nd Grade and recommended the name of Mani Ram for the post of Lambardar and sent it to the Collector. The Collector after appreciating the merits of the respective candidates appointed Krishan Kumar petitioner as Lambardar of Village Dongra Jat vide order dated 16.11.2010 (Annexure P/3) and observed as under:- "After hearing all the candidates and counsel of Sh. Mani Ram and after going through the facts brought on the record, it has been found that candidate Karan Singh studied upto 5th class and thus he is less educated. A case u/s 323, 324, 148, 149, 506 IPC is pending in the Court against Mahinder Singh candidate. A case u/s 7 of Village Common Lands Act, 1961 is going on against the candidate Mani Ram for having illegal possession over the panchayat land in the Court of Assistant Collector First Grade, Mahindergarh. As per the local Commissioner report dated 07.04.2010, he has got include by taking illegal possession of the panchayat land comprising in khasra no. 79/2 min area 4 marlas in his plot bearing no. 158. To wriggle out of this, Mani Ram had sworn an affidavit in favour of his brother Ram Narain with regard to transferring half share of plot No. 158 and has tried to show the possession of Ram Narain his brother over the same. Apart from this, he has also got included his brother name in BPL Card. The age of Mani Ram and Mahinder Singh candidates are 64-65 years, whereas Krishan Kumar is 42 years of age and he is young man. He is ex-serviceman and has done his graduation from the Army. The whole family has taken life insurance policy. There is no evidence with regard of having illegal possession over the panchayat land. Therefore, out of all the candidates, Krishan Kumar son of Hardayal, Caste Jat, is suitable candidate and has been appointed lambardar of village Dongra Jat in place of vacancy on account of death of Phool Singh, Lambardar....." Respondent Nos. 4 and 5 being aggrieved against the order of District College dated 16.11.2010 (Annexure P/3), preferred two separate appeals before the Commissioner, Gurgaon Division, Gurgaon. The Commissioner, Gurgaon Division, Gurgaon dismissed the appeals vide order dated 09.02.2011 (Annexure P/2). Against that, respondent No.4 Mani Ram preferred a revision before the Financial Commissioner, Haryana. The Financial Commissioner allowed the revision vide order dated 12.09.2012 (Annexure P/1) and respondent no.4 Mani Ram has been appointed as Lambardar in place of the petitioner. Hence, this writ petition.
(3.) I have heard learned counsel for the parties and perused the record, as well as, orders of District Collector, Commissioner and the Financial Commissioner.;