CWP No.1390 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Civil Writ Petition No.1390 of 2009 (O&M) Date of decision: 19.5.2010 Jahid ...Petitioner Versus Financial Commissioner, Haryana & others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. P.C. Goyal, Advocate, for the petitioner. Mr. Deepak Jindal, Deputy Advocate General, Haryana. Mr. Kapil Aggarwal, Advocate, for respondent No.4. Rajan Gupta, J. (oral) The petitioner has sought a writ in the nature of certiorari for quashing orders, Annexures P-2 and P-3, passed by Commissioner, Ambala Division and Financial Commissioner Haryana respectively, whereby the petitioner was directed to be removed from the post of Lambardar. Learned counsel for the petitioner has argued that Lambardar is primarily a choice of the Collector and the petitioner was chosen by the Collector, Yamuna Nagar. According to him, the petitioner has been arbitrarily removed from the said post without assigning any cogent reason. Learned counsel appearing for respondent No.4 has, however, referred to order of the Financial Commissioner to contend CWP No.1390 of 2009 2 that during the course of hearing, the petitioner was asked to read and write, but he failed to do so and admitted that he was totally illiterate. According to learned counsel, the petitioner was, thus, not entitled to continue on the post of Lambardar and was rightly removed from the said post. I have heard learned counsel for the petitioner and given careful thought to the facts of the case. It is evident that the petitioner was appointed as Lambardar of the village vide order dated 27th November, 2007, Annexure P-1. An appeal against the said order was preferred by respondent No.4 before the Commissioner, Ambala Division, wherein he urged that he was better qualified than the petitioner and thus, was entitled to be appointed as Lambardar. The Commissioner accepted the appeal and set-aside the appointment of the petitioner. He also directed that respondent No.4 be appointed as Lambardar of the village. Against the said order, petitioner preferred revision before the Financial Commissioner, Haryana. However, the same was dismissed by the said authority by holding as follows:- “After hearing learned counsel for the parties and going through the record carefully, I am of the view that the respondent is younger and has better educational qualification. During the hearing the petitioner was asked to read or write but he failed to do so and admitted that he is illiterate. As per the latest notification dated 23.7.2008, for appointment to the post of Nambardar, a candidate has to be literate preferably middle pass. CWP No.1390 of 2009 3 So far as issue of being available in the village is concerned, as per the police verification respondent is a resident of the village. Under these circumstances, I find no merit in the petition and same is dismissed. Announced. Chandigarh Sd/- 25th November, 2008 Financial Commissioner, Haryana.” It is clear that according to the latest notification dated 23rd July, 2008, a candidate for the post of Lambardar should be literate and preferably middle pass. Admittedly, the petitioner is totally illiterate and unable to read or write. Under the circumstances, I do not find any ground to interfere with the impugned orders in the writ jurisdiction of this court. No legal infirmity with the impugned orders has been pointed out. The petition is devoid of merit and the same is hereby dismissed. (RAJAN GUPTA) JUDGE 19.5.2010 'rajpal'