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Judgment
PANKAJ JAIN, J. (Oral)
The instant writ petition is directed against order dated 27.09.2021 (Annexure P-3) whereby the Financial Commissioner, Haryana, while disposing of the revision petition filed by the private respondents, observed as under:-
“Keeping in view the aforesaid facts, the revision is disposed of with a direction to the Collector, Sirsa to enquire into the issue of the default of Sh. Palwinder Singh. If he is found to be a defaulter on the last date of application for appointment of Lambardar, he would be disqualified for appointment and he should be removed from the post of Lambardar and the process of appointment be started afresh by the Revenue authorities. In that case, the petitioner shall also be entitled to apply a fresh. Petition disposed off accordingly.”
The dispute relates to appointment to the Office of Lambardar for village Mangiana, District Sirsa. Petitioner was appointed as Lambardar (reserved category) by the Collector vide order dated 15.10.2019 (Annexure P-1). Respondent filed an appeal. The same was dismissed vide order dated 26.03.2021 (Annexure P-2). Respondent thereafter preferred revision petition before the Financial Commissioner. One of the main planks of argument raised by the respondent before Financial Commissioner was that the petitioner got appointed concealing the fact that he is a defaulter having failed to pay electricity dues. An amount of Rs.18,174/- is still outstanding against him.
The Financial Commissioner disposed of the revision petition vide impugned order Annexure P-3.
Mr. Jammu has assailed the order submitting that the order was passed without even issuing notice to the petitioner. He further submits on account of the impugned order passed by the Financial Commissioner, a cloud has been casted over the appointment of the petitioner.
In the considered opinion of this Court, the argument raised by Mr. Jammu emanates from misreading of the impugned order. The careful reading of the order would reveal that Financial Commissioner has not annulled the appointment of the petitioner, but has only directed the Collector to inquire into the issue of default on part of the petitioner. In case, the petitioner is found to be a defaulter on the last date of application for appointment of Lambardar, he cannot escape disqualification from being appointed to the post of Lambardar.
The aforesaid order is modified to the extent that the default has to be ascertained on the date of appointment and not on the last date of application.
It is made clear that since the appointment of the petitioner as Lambardar has not been annulled, he shall continue to work as Lambardar till the Collector forms opinion in the light of directions issued by Financial Commissioner. In case the Collector finds that the petitioner is not found to be a defaulter, he need not be removed from the post of Lambardar.
With the aforesaid modification, the writ petition is disposed off.