GURMEET SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Prayer in this petition is for quashing the order dated 8.9.2005 passed by the Financial Commissioner, Appeals-II,Punjab, and dated 14.8.2002, passed by the Deputy Commissioner-cum-Collector, Hoshiarpur.

(2.) Counsel for the petitioner contends that the learned Financial Commissioner was not justified in setting aside the order of the Commissioner, appointing the petitioner as the Lambardar. It is contended that as the Commissioner had remanded the case to the Collector, the Financial Commissioner should not have interfered with the aforementioned order. It is further contended that the Commissioner had recorded a specific finding that the Collector had not considered the comparative merits and had only considered the respective merits selectively. It is, therefore, prayed that the order of the Financial Commissioner be set aside and that of the learned Commissioner be restored.

(3.) Counsel for the respondents, however, contends that the order of the Financial Commissioner is legal and valid. The choice of the Collector is final and till such time the Collector's choice is shown to be perverse or illegal, it should be respected.