Authority Exercising Revisional Jurisdiction Cannot Evaluate Comparative Merits Of Parties Competing For Appointment: Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear, in this case with respect to appointment of Lambardar, that an authority exercising revisional jurisdiction cannot compare merits and de-merits of the parties involved.In this case, the appointment of the petitioner as Lambardar by the Collector was set aside by the Financial Commissioner, stating that the Collector had not considered...
The Punjab and Haryana High Court has made it clear, in this case with respect to appointment of Lambardar, that an authority exercising revisional jurisdiction cannot compare merits and de-merits of the parties involved.
In this case, the appointment of the petitioner as Lambardar by the Collector was set aside by the Financial Commissioner, stating that the Collector had not considered the comparative merits and de-merits of the parties. While doing so, the Financial Commissioner also confirmed the appointment of Respondent no. 6 instead.
Whereas the High Court was of the view that the Financial Commissioner was justified in setting aside the Petitioner's appointment, however, he has committed an error by appointing respondent No.6 as the Lambardar. It observed,
In exercise of revisional jurisdiction, the Financial Commissioner does not have the right to evaluate the comparative merits of the parties.
The bench comprising Justice Sudhir Mittal further added that the matter should have been remanded back to the Collector for fresh consideration.
In view of the above, the court partly allowed the present writ petition and modified impugned order. Further the court directed the matter to be remanded to the Collector for a fresh consideration, in accordance with law.
Case Title: Sukhjeet Kumar VERSUS State of Punjab and others
Citation: 2022 LiveLaw (PH) 182
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