BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal lays challenge to order dated 01.11.2012, passed by the learned Single Judge, whereby the petition filed by Gurdial Singh, respondent No. 4 has been allowed and order passed by the District Collector in regard to appointment of Gurdial Singh as Lambardar of village Mari Bhuchhian, Tehsil Batala, District Gurdaspur, has been upheld.

(2.) COUNSEL for the appellant submits that the District Collector passed a cryptic order, arbitrarily holding respondent No. 4 Gurdial Singh suitable and fit to be appointed as Lambardar of the village. It is submitted that even if the decision of the District Collector is primarily administrative in nature, he cannot be allowed to pass an order, which smacks of arbitrariness and is whimsical. The District Collector failed to take into consideration that the appellant is more meritorious as compared to respondent Gurdial Singh, therefore, there was no reason for the District Collector to held in favour of respondent No. 4 in preference to the appellant. The Commissioner and the Financial Commissioner have rightly held that the appellant is the best choice out of the contesting contenders and, therefore, ordered for appointment of the appellant as Lambardar of the village. The learned Single Judge committed a grave error while setting aside the order passed by the Commissioner, affirmed by the Financial Commissioner, without correctly appreciating that the order of the District Collector had rightly been set aside in appeal.

(3.) IN view of what has been discussed hereinabove, the appeal is dismissed. No order as to costs.