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2006 Supreme(P&H) 2057

ASHUTOSH MOHUNTA, MAHESH GROVER
Sombir – Appellant
Versus
Financial Commissioner And Secretary To Govt. Of Haryana – Respondent


Judgment

1. The petitioner has filed this petition praying for quashing of the order dated 27.5.2004 (Annexure P.6) by which the respondent no.2 has been appointed as a Lambardar of village Nangla, Tehsil and District Jhajjar.

2. The petitioner was claimant to the post of Lambardar and the Asstt. Collector IInd Grade vide his order dated 20.2.2001 after assessing the relative merits and demerits of all the claimants concluded that the petitioner was the rightful choice for the post of lambardar. The respondent No.2 was placed at Sr. No.2. The Asstt. Collector Ist Grade to whom the file was sent after the recommendation made by the Asstt. Collector IInd Grade appointed respondent No.2 as the Lambardar and ignored the claim of the petitioner even though he had been placed at No.1 in the recommendations made by the Asstt. Collector IInd Grade. The only reasoning given by the Asstt. Collector Ist Grade for ignoring the claim of the petitioner was that respondent No.2 had a better physique. He observed "both candidates have enough land to deposit the land revenue. As per the report of the Station House officer, the character of both the candidates have been verified correctly. For the po



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