Ajit Singh vs Financial Commissioner, Haryana and others

Ranjit Singh, J.—The vacancy of village Lambardar of village Rasulpur occurred on the death of Bhai Ram Lambardar. Process to appoint Lambardar of the village was initiated. Fifteen candidates applied for the post. Only three candidates ultimately were left in the field. That included petitioner and respondent No. 4 Jai Singh. District Collector considered the recommendations made by the revenue authorities and appointed respondent No. 4 as Lambardar on 1.2.2011. The petitioner preferred an appeal against this order before Commissioner, Gurgaon Division, which was dismissed on 26.8.2011. The petitioner thereafter filed a revision before the Financial Commissioner, which was also declined on 28.3.2012. The petitioner claims himself to be more meritorious compared to respondent No. 4 Jai Singh. Making reference to the relative merits of the petitioner and respondent No. 4, the counsel pleads that the order passed by the Collector and upheld by the Financial Commissioner is illegal and unjust. The Collector had declined the claim of the petitioner after finding that petitioner has encroached upon the panchayat land. As per the counsel, this observation was not based on any material whatsoever. The Commissioner also upheld this order. The Financial Commissioner has also dismissed the revision as already noticed. The plea on the basis of merits and whether the petitioner has encroached any land of the panchayat or not is required to be established before the authorities. It will not be appropriate for a writ court to go into this aspect. The merits and demerits of all the candidates were considered and then appointment made which has been upheld. There is no arbitrariness seen in the impugned order, which may call for any interference in exercise of writ jurisdiction.

Dismissed.