PISHORA SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for quashing the order dated 05.12.2007 (Annexure P-3) passed by Financial Commissioner Appeals-11, Punjab, vide which order dated 05.10.2005 (Annexure P-2) passed by Commissioner, Jalandhar Division, Jalandhar, and order dated 11.10.2004 (Annexure P-1) passed by Collector, Gurdaspur, whereby petitioner was appointed as Lambardar of Village Chandu Wadala, have been set aside. Brief facts of the case are that to fill up the vacancy caused on account of death of Piara Singh, Lambardar of village Chandu Wadala, applications were invited from interested persons by making publication/proclamation in the village after obtaining necessary sanction from the Collector. In response to the proclamation, Pishora Singh son of Piara Singh, Nirvair Singh son of Charan Singh, Anoop Singh son of Wassan Singh and Balwinder Singh son of Wassan Singh applied for the post of Lambardar. After completion of all the formalities, matter came up for consideration before the Collector. The Collector after appreciating the comparative merit of the candidates appointed the petitioner as Lambardar of the village by order dated 11.10.2004 (Annexure P-1). Aggrieved against the order of the Collector, respondent No. 5 filed an appeal before the Commissioner, which was dismissed by order dated 05.10.2005 (Annexure P-2). Thereafter, respondent No. 5 filed revision petition before the Financial Commissioner, which has been allowed, orders passed by Collector and Commissioner have been set aside and respondent No. 5 has been appointed Lambardar by order dated 05.12.2007 (Annexure P-3). Hence, this writ petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the petitioner vehemently contends that Financial Commissioner Commissioner has wrongly set aside the well-reasoned orders passed by Collector and Commissioner. Learned counsel further contends that it is settled principle of law that choice of the Collector cannot be lightly set aside unless there is any perversity in the order. Therefore, this petition deserves to be allowed.