Case Note & Summary
The dispute arose from the appointment of Khazan Singh as Lambardar by the Collector of Jind on 17.12.90, which was challenged by Tek Chand before the Commissioner of Hissar Division. The Commissioner remanded the matter for fresh consideration without setting aside the Collector's order. Khazan Singh appealed to the Financial Commissioner, who upheld the Collector's order as final but noted the proceedings became infructuous due to Tek Chand's death. Subsequently, Shamsher Singh, Tek Chand's son, filed a writ petition in the High Court of Punjab and Haryana, which remanded the case back to the Collector, allowing Khazan Singh to continue as Lambardar until a fresh decision was made. Khazan Singh appealed this order, arguing that the Collector's appointment was final and no fresh applications should be invited. The Supreme Court agreed with Khazan Singh, stating that the High Court's order was not sustainable as the appointment had not been cancelled. The Court set aside the High Court's order and remitted the matter to the Financial Commissioner for a fresh decision, allowing Shamsher Singh to join as a respondent and contest the appointment. The appeal was allowed with no order as to costs.
Headnote
A) Administrative Law - Finality of Orders - High Court's Authority to Remand - Not permissible to invite fresh applications when appointment is not cancelled - The order of the Collector appointing Khazan Singh as Lambardar was not set aside by any appellate authority, thus it was final. The High Court's direction to invite fresh applications was unsustainable and led to the appeal being allowed, setting aside the High Court's order (Paras 1-5).
Issue of Consideration
Whether the High Court could direct the Collector to invite fresh applications for the appointment of Lambardar despite the finality of the Collector's order.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and remitted the matter to the Financial Commissioner for a fresh decision.
Law Points
- Finality of administrative orders
- Remand of cases
- Appointment of Lambardar
