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RAJESH BHARDWAJ
Mukesh Kumar – Appellant
Versus
Financial Commissioner Haryana – Respondent
| Table of Content |
|---|
| 1. appointment process of lambardar after prior holder's death. (Para 1 , 2) |
| 2. dispute over merits of candidates for lambardar position. (Para 3 , 4) |
| 3. court affirms collector's decision as appropriate. (Para 5 , 6) |
| 4. powers of district collector in lambardar appointments. (Para 7) |
JUDGMENT
Mr. Rajesh Bhardwaj, J.
Prayer in the present petition is for quashing the orders dated 16.09.2016 (Annexure P-3) passed by learned Financial Commissioner; order dated 19.03.2013 (Annexure P-2) passed by learned Commissioner and also order dated 21.09.2011 (Annexure P-1) passed by learned District Collector, Palwal vide which respondent No.2 was appointed as Lambardar of the Village Patti Khail District Palwal without appreciating the merits of the case.
2. Adumbrated facts of the case are that on the death of earlier Lambardar, namely, Parmanand Kalra of Village Patti Khail, the process for the appointment of new Lambardar was initiated. The mustri munadi was conducted and in pursuance to the same, four applications were received from the candidates namely, Rajesh Kathuria son of Jagdish, Rajender son of Roop Singh, Mukesh Kumar (petitioner) son of Tejan Singh and Laxman Singh (res
The appointment of a Lambardar is primarily the prerogative of the Collector, whose decision should only be overturned in cases of gross irregularity or error.
The appointment of a Lambardar by the Collector should not be interfered with unless it is proven to be perverse or illegal.
The availability of a candidate in the village is a critical factor for the appointment of Lambardar, outweighing qualifications alone.
The court established that the appointment of a Lambardar must follow proper procedural guidelines, emphasizing the authority of the Collector in evaluating candidates.
The appointment of Lambardar is the prerogative of the District Collector and should only be disturbed if it suffers from gross irregularity, perversity, or patent error. Hereditary claim cannot be c....
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