59 S Civil INrit Petition No 16157 of 2009 e4 INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No 16157 of 2009 Dateof Orderle2S44ovember2010 SanjeevKumar 3otioner Versus Financiai Commissloner Haryanaand others m Respoodents L C CORAM HONBLE MR JUSTICE RAJIVE BHAIil I Present Mr Vineet I fcr the petitioner Ms Shruli Jain AAG Haryana Z for respondents no t03 Ivlr GCShahpuri Advocate fOr reSDOndentno4 I RAJllE BHALL c8 1 T he petitionerprays for lssuance 0f a vvrit i7 the rlature e4 iJ l m certiorari for cluashlngthe orders dated 051122008 and 281342009 Z toasscd bythe Coilector Yamuns Naga arld tlle Flo3ClOI Oumn7s10n2r ll Haryana respondent 00 4 88 the iambardar cl Villa KishanpuraTehsil Chhachhrauli Disirict YanliIna NcJar Upoll clemtsa of the illcornbent lanlbardar applicotiorlS Nere Illvltec for appcintmentto fhe posl of Tlle loiidElr Chhachhrauli atld ttie SViCivill Jasadharirecornnlerlded the nanle of the petitionerand forwarded ttteir recomnlendatlcn to he Coliector Yamuna Nagal Tl ie Coilector Yamuna Naoar after due ccrlsideration of tne qualjfjcatioilsof tlle candidates directedthe appointmentOTesooouen 110Aas the lambardar Aggrievdby this order the elllicnel filed rl Batra Amit 2014.04.23 10: 25 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 60 Civil Writ Petition No16157 of 2009 2e appealbeforethe CommissionerAmbala Division Ambala Vide order dated 2692008 the Commissioner set aside the appointmentof no 4 and appointedthe petitioner as Lambardar Respondent no thereafter impugned this order before the Financial Commissioner who set aside the order passedby the Commissioner and restored the order passedbythe Collector CounseI for the petitionersubmits thal as the petitioneris bettei qualified and the most suitabie candidate the Financial Commissioner 1 should not have set aside the order passedby the Commissioner It IS arguedthat the petitioneris 35 years of age I has passedthe 9thclass ano 0 examination whereas respondentnor IS 25 years of age and Iacks experiencettioughhe has passed the 12h class examtnation The I petitionerowns 15 acres of agriculturalIand whereas respondentno 4 Z ctoes not own any agriculturaiIandt is fu11hersubmitted that as the presentSarpanchanotWO nlembersof the Gram Panchayat have deposed 1 Itl favour of the petitionerthe Financial Commissioner should not have I c8 interferedwith the choice of the Commissionei It is also pointedout tllat r FlR N029 dated 04032009 has been registered againstrespondentno4 underSections 148114913231325 of the IndianPenal Ccde Z Counsel for respondent no on the other hand submitsthat the 11m choice of the Collector is final exceptwllere it discloses a perverse arbitraryor illegalexercise of power The Coliectot has considered all relevantfacts before appointingrespondentno The Commissioner had no jurisdictionto traverse the merits of the paItiesand imoose 1is perceptionof the better candidate withotit hcldingthat tlle Collectors choice is perverse arbitraryor illegal It is further subnlitted that the of a criminal case is no bar to selection as respondentno 4 has not been convicted 1have heard counsel for the partiesancl pt3rUSed the Impugred Batra Amit 2014.04.23 10: 25 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document 61 Civil Writ Petition No1615012009 ordeis l It has been repeatedly held by a iongIineof bindingprecedents that in mattersreiating to appointment of a Lambardar the choice of the Collector is Onal exceptwhere it is demonstrablyperverse arbitrary palpablyillogicalor violativeof the rules An authority mayinterferewith the choice of the Collector if his choice suffers from any of the above infirmities In the absence of any such infirmityan appellate or revisionalauthorityshall not intetferewith the choice of the Coliector 1 A perusalof the order passedbythe Commissioner reveals that the Commissoner proceededto weighmeritsof candidates and thereafter 4 imposedhis perceptionof the better candidate without recordingany C findingthat the choice of the Collector is in any manner perverse arbitrary I or illegal The Financial Commissioner rightlyrectified this error of Z jurisiictionand restored the choice of the Collector The registration of a criminal case againstrespondent no 4 duringpendencyof proceedings cannot be a groundto set aside his selection as he has neher been I charged nor convicted It would be necessary to point out that the 08 petitioner has however been chargedin a criminalcase as noticed bythe Financial Commissioner Z As the impugnedorders do not suHer from any error of jurisdiction or of Iaw the writ petitionis dismissed with no order as to cosls 0 RAJIVE BHALLAI nt JUDGE CJU Il Batra Amit 2014.04.23 10: 25 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:27 I attest to the accuracy and integrity of this document