CWP No.2161 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.2161 of 2010 Date of Decision: 8.2.2010 Surta Singh .....Petitioner Vs. State of Punjab and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Dr. Naresh Kaushik, Advocate for the petitioner. .... RAJIVE BHALLA, J (Oral) The petitioner prays for the issuance of a writ in the nature of Certiorari for quashing orders dated 3.11.2009 and 8.7.2008, passed by the Financial Commissioner, Revenue, Punjab and the Commissioner. Jalandhar Division, Jalandhar. The petitioner applied for selection to the post of Lambardar. Vide order dated 5.6.2008, the Collector, appointed the petitioner. In an appeal filed by respondent no.3, the Commissioner set aside the selection and remitted the matter to the Collector to decide the case afresh. Counsel for the petitioner submits that the Commissioner had no jurisdiction to remand the case, as the choice of the Collector is final, till such time as it is established that the choice is arbitrary or illegal. CWP No.2161 of 2010 2 I have heard counsel for the petitioner and perused the orders passed by the Commissioner and the Financial Commissioner. The Commissioner remanded the case to the Collector, as he had failed to consider an FIR registered against the petitioner, for performing the duty of a Lambardar without authority. This apart, other relevant facts were also ignored by the Collector. The choice of the Collector though final, can be set aside, if it is arbitrary or perverse. As the order passed by the Collector was perverse and arbitrary, it was rightly set aside. No merit. Dismissed. The Collector shall decide the appointment of the Lambardar, strictly in accordance with merits. 8.2.2010 (RAJIVE BHALLA) GS JUDGE