Case Details

Citation(s)
1980 SLG 3143 = 1980 SLD 3143 = 1980 SCMR 541

Civil Appeal No. 123 of 1977, decided on 28th November, 1979. (On appeal from the judgment and order of the Civil Service Tribunal dated 6-6-1977 in 244/755 of 1976). .
Presented By: Dorab Patel, Muhammad Haleem and G. Safdar Shah, JJ
Maulvi Sirajul Haq, Advocate and M. A. Siddiqui, Advocate-on-Record for Appellant. M. S. Siddiqui, Advocate and Ch. Akhtar Ali, Advocate-on-Record for
Respondent No. Sh. Ijaz Ali, Advocate-on-Record (absent), Sh. Riaz Ahmad, Assistant Advocate-General (Punjab) with Mohammad Aslam Uns Advocate, for
Respondents Nos. 2 to 4. Ch. Hamiduddin, Advocate : Amicus curiae,

MUHAMMAD AKRAM-Appellant

VERSUS

ABDUL GHAFOOR ETC.--Respondents

Law: Municipal Administration Ordinance, (X of 1960)

Section: 119

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Municipal Administration Ordinance (X of 1960) S. 119 and West Pakistan Municipal Committee (Appeals) Rules, 1960, r. 1 read with West Pakistan Municipal Servants (Efficiency and Discipline) Rules 1963, r.40 and Punjab Adminis trative Tribunals Act (IX of 1974), S. 4--Appeal by Municipal servant in respect of a service matter against order of Municipal Committee or Administrator-Held, does not lie to Deputy Commissioner as a controlling authority-Punjab Administrative Tribunal also lacked jurisdiction to entertain such an appeal [Jurisdiction-Civil service]. Dates of hearing: 27th and 28th November, 1979.                                                                                                               JUDGMENT DORAB PATEL, J,-The appellant was "selected by the Committee for the appointment of teacher in the M. C. High School, Leiah". This was by an, order dated 8th March, 1975. Next, by an order dated 12th March, 1975, in pursuance of this recommendation of the Recruiting Committee of the Municipal Committee, Leiah, the Administrator appointed the appellant as a Junior English Teacher, in the Municipal High School, whilst the first respondent; who was a Junior English Teacher in the school, was promoted to the post of Senior English Teacher. As the appellant was aggrieved by this order, he challenged it in an appeal before the Deputy Commissioner, Muzaffargarh on 4th April, 1975. And, this appeal was allowed on 1st January, 1976. As municipal schools had meanwhile been nationalised, the appellant should have filed a copy of his appeal and the order allowing it. Be that as it may, learned counsel for the appellant stated that the appeal, had been filed before the Deputy Commissioner, Muzaffargarh, under section 119 of the Municipal Administration Ordinance, 1960, because the Deputy Commissioner, being the Controlling Authority for the Municipalities of the District of…
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