Law:

Section:

Lambardar - Appointment - Collector's order not based on sound reasoningsInterference in appeal by Commissioner, held to be justified.   ORDER   This is an appeal filed against an order dated the 31st of May 1965, passed by Commissioner, Multan, whereby the appeal preferred by the respondent was accepted.   The facts of the case are that, when the question of appointing a temporary Lambardar in this chak came up for consideration, five candidates including the parties applied for the post. After considering the claims of all concerned, the Collector appointed Fazal Hussain. Jan Muhammad went in appeal to the Commissioner, who accepted it. Hence this second appeal.   I have heard the learned counsel for the parties. The main question for consideration is whether the learned Commissioner was justified in interfering with the orders passed by the learned Collector. I have examined the learned Collector's orders carefully. It, appears that he was mainly influenced by the consideration that Jan Muhammad had only applied for leave preparatory to retirement and could resume service at any time. This presumption was held to be not justified by the learned Commissioner and, in the circumstances of the case, I have no hesitation in agreeing with the learned Commissioner.   The learned counsel for the appellant has pointed out that the leaned Collector remarked that Jan Muhammad had been over-clever. According to the learned counsel, this was one of the grounds in…