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2014 DIGILAW 1554 (PNJ)

Shekher Dhawan v. Jai Singh

2014-11-14

SURYA KANT

body2014
JUDGMENT Mr. Surya Kant, J.: - The race for appointment as Lambardar (Scheduled Castes category) of village Naraingarh Majra, Tehsil Barara, District Ambala has given rise to this letters patent appeal against the order dated 30.09.2014 whereby learned Single Judge has dismissed the appellant’s writ petition. 2. There remained three candidates under consideration out of whom the Collector, Ambala, preferred respondent No.4-Naib Ram having regard to the fact that he is matriculate; 37 years old; runs a Karyana shop in the village and was a person of good character as per the police report. 3. The appellant fell behind respondent No.4 for the reason that he is 8th class pass and is 50 years old. 4. The selection made by the Collector was unreasonably interfered by the Commissioner, Ambala Division, Ambala, who set-aside the appointment of respondent No.4 only on the ground that he was under debt of Rs.10,000/- taken from a Co-operative Society. 5. The fact of the matter was that the loan was taken on installments and entire principal amount alongwith interest stood paid by respondent No.4 before he took-over as Lambardar. 6. The Financial Commissioner accepted the revision petition of respondent No.4; set-aside the order passed by the Commissioner and restored the choice of Collector. 7. The learned Single Judge has and rightly so affirmed the orders passed by the Collector and Commissioner, observing that taking of loan per se is not a disqualification as respondent No.4 was not a defaulter. 8. As the facts would speak for themselves, there is no ground to interfere with the order passed by learned Single Judge. Dismissed. ---------0.B.S.0------------ —————————