Choice Of Collector In Appointing Lambardar Must Be Respected Unless It Is Perverse: Punjab & Haryana High Court Reiterates

It is settled law that the choice of the Collector must be respected unless and until the same is perverse.

The bench comprising Justice Sudhir Mittal, further added that petitioner was found unsuitable to be appointed as Lambardar since a criminal case was registered against him. He was also found guilty of embezzlement of panchayat funds by Lok Ayukta, Haryana apart from an order in a contempt petition.

For this reason, the court noted that it is incorrect to argue that the order suffers from perversity or to argue that the Collector passed the impugned order in Petitioner's absence while he was ill.

The petitioner has been found unsuitable for appointment as Lambardar as there was a criminal case registered against him and the Lok Ayukta, Haryana had found him guilty of embezzlement of panchayat funds, apart from an order passed in a contempt petition.

The court in the instant case was dealing with a matter remanded to the Collector by the Commissioner vide an order. Post remand, another order was passed by the Collector appointing respondent No. 1 as the Lambardar. Petitioner filed appeal and revision that failed and, thus, he approached the court by the present writ petition.

The matter was remanded to the Collector by the Commissioner vide order dated 02.04.2019. Post remand, order dated 15.05.2019 was passed by the Collector appointing respondent No. 1 as the Lambardar. Appeal and revision filed by the petitioner have failed and, thus, the present writ petition has been filed.

After considering the facts and circumstances of the instant case, the court concluded that the choice of the Collector must be respected in all cases unless and until the same suffers from perversity.

Therefore, the appellate and revisional authorities were justified in upholding the order. For this reason, the court dismissed the instant writ petition finding it sans merit.

Case Title : Sanjay Kumar v. Jaipal and others

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