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Thursday, 6 October 2011

Appellate Court’s Jurisdiction

Appointment of Lambardar – Choice of Collector – After considering the merits of the candidates, the Collector appointed the Lambardar -- Commissioner accepted the appeal in abject disregard to the limits of his jurisdiction as an appellate court and proceeded to reverse the order passed by the Collector by imposing his perception of the better candidate – Commissioner lost sight of a fundamental principle that governs selection of a Lambardar namely; that the choice of the Collector is final, except where it is palpably perverse, arbitrary, preposterous or contrary to the rules -- Financial Commissioner rightly restored the order passed by the Collector Kulwinder Singh v. Financial Commissioner (Appeals-II), Punjab and others, 2011(1) L.A.R. 201 (P&H).

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