CWP-22390-2019 (O&M) -1- 202 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP-22390-2019 (O&M) Date of Decision: 21.03.2025 Rakesh ….Petitioner Versus Financial Commissioner, Haryana and another ….Respondents CORAM: HON’BLE MR. JUSTICE HARSH BUNGER Present : Mr. Parmod Panwar, Advocate for Mr. Deepak Sonak, Advocate for the petitioner. Mr. Kapil Bansal, DAG, Haryana. Mr. Ravi Kumar Girdhwal, Advocate for respondent No.2. *** HARSH BUNGER, J. (Oral) Petitioner (Rakesh) has filed the instant Writ Petition under Article 226 of the Constitution of India inter alia seeking issuance of a writ in the nature of Certiorari for setting aside order dated 22.10.2018 (Annexure P-4) passed by learned Commissioner, Rohtak Division, Rohtak and also order dated 17.01.2019 (Annexure P-5) passed by learned Financial Commissioner, Haryana. 2. In the present case, the petitioner came to be appointed as lambardar (S.C.) of Village Islamgarh (Chuchakwas) by the learned Collector, Jhajjar vide order dated 14.11.2017 (Annexure P-3) as he was the HIMANI GUPTA 2025.05.02 15:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CWP-22390-2019 (O&M) -2- only candidate who had applied for the post of lambardar. 3. The aforesaid Collector’s order came to be challenged by respondent No.2- Jalbir by filing an appeal before learned Commissioner, Rohtak Division, Rohtak, which came be allowed vide order dated 22.10.2018 (Annexure P-4) whereby, the Collector’s order was set aside and the matter was remanded to the learned Collector, Jhajjar for passing necessary orders for holding fresh proclamation for the aforesaid vacancy. 4. Being dissatisfied, the petitioner preferred a revision bearing ROR No.102 of 2018-19, which was also dismissed by learned Financial Commissioner, Haryana vide order dated 17.01.2019 (Annexure P-5). 5. In the aforementioned circumstances, the petitioner has filed the instant Writ Petition before this Court for the reliefs as noticed above. 6. Heard. 7. Concededly, the petitioner was the sole candidate for the post of lambardar and on that account, he was appointed as the lambardar. The learned Commissioner has set aside the Collector’s order on the ground that there are justified grounds to hold that the proclamation was not carried out in a legal manner which is further substantiated from the fact that the petitioner herein was the sole candidate for the said post. The said order has been further upheld by learned Financial Commissioner. 8. During the course of the hearing of the present writ petition, by an order dated 17.01.2025, the learned State Counsel was directed to place on record the report of the munadi (proclamation), which was stated to have been carried out through the Village Chowkidar. 9. Today, the complete file relating to the appointment of the lambardar for Village Islamgarh (Chuchakwas) has been produced before this Court, and the same has been duly examined. HIMANI GUPTA 2025.05.02 15:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh CWP-22390-2019 (O&M) -3- 10. Upon a careful perusal of the record, it is evident that, apart from a solitary entry in the rapat roznamcha, there is no other material available on the file to substantiate that the proclamation was actually conducted in the village. Notably, even the munadi report, which ought to have been on record, is conspicuously absent. 11. It is a well-established principle that, in any selection process, the authority concerned must be afforded a broad spectrum of candidates to ensure a comprehensive evaluation of their respective merits and shortcomings. Such a wide choice is essential to enable the selection of the most suitable individual for appointment as the lambardar of the village. 12. Moreover, it is pertinent to note that no prejudice would be caused to the petitioner in the present matter, as the case has been remanded to the learned Collector with directions to issue a fresh proclamation for filling the aforementioned vacancy. 13. In view of the above, I find no ground to interfere in the orders passed by the learned Commissioner as well as the learned Financial Commissioner. Resultantly, the present writ petition fails and the same is accordingly dismissed. 14. All pending application(s), if any, shall also stand closed. 21.03.2025 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No HIMANI GUPTA 2025.05.02 15:13 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh