Law: Constitution of Pakistan (1956)

Section: 181

  (a) Government servant------[Colonization Staff engaged under Colonization of Government Lands (Punjab) Act (V of 1912)] Senior Clerk-Colony later wound up and staff" placed under administrative control of Settlement Officer, no "Colonization Officer" being in existence any longer-Reduction in rank by such officer after inquiry and notice, held, valid-Dismissal by Commissioner, in proceeding taken by way of appeal by Government servant concerned, held, valid-Constitution of Pakistan (1956), Art. 181-No bar against authority superior to appointing authority to dismiss or reduce in rank-Article 181 does not require that order initiating inquiry or inquiry itself must be made by, appointing authority-Civil Services Rules (Punjab), Vol. I, Rr. .I, 14'15 Punjab District Subordinate Service Rules., r. 21.   When the impugned orders reducing the petitioners [originally members of Colonization ' Staff engaged under Colonization of Lands (Punjab) Act, 1912)] in rank were passed, they were under the administrative control of the Settlement Officer.   On the question as to which authority could be compe tent to impose on the petitioners the penalties of dismissal or reduction in rank:   Held that the punishing authority, for Senior and Junior Clerks in the Colonization Staff working under the Colonization of Lands (Punjab) Act, 1912, according to Rule 14'15 read with Rule 1, Civil Services Rules (Punjab), Vol. I and Punjab District Subordinate Service Rules, rule 21, was, of course, the Colonization officer.   The question, however, remained as to who could, under the circumstances, take action against the petitioners when (after winding up the Colony) there did not exist any officer with the rank of Colonization Officer. It may be mentioned that there is no reference to the term "Colonization Officer" in the Colonization of Government Lands Act, 1912. The Colonization Officer was, therefore, not a statutory authority. It seems that for convenience of reference a person invested with the powers of Collector under the said Act was designated as a "Colonization Officer". The Colony was wound up with…