Case Details

Citation(s)
1963 SLD 316 = 1963 PLD 295
Lahore High Court
Letters Patent Appeal No. 113 of 1962, decided on 21st Feb ruary 1963.
Manzur Qadir, C. J. and Faizullah, J

MUHAMMAD IHSAN KHAN-Appellant

VERSUS

THE PROVINCE OF WEST PAKISTAN-Respondent

Law:

Section:

FAIZULLAH, J.-This Letters Patent Appeal is directed against the judgment and decree dated the 6th of March 1962 of a learned Single Judge whereby the judgment and decree of the Additional District Judge, Lahore, dated the 27th of June 1961 , dismissing the plaintiff's suit which had been decreed by the trial Court, were affirmed. The appeal arises out of a suit instituted by Muhammad Ihsan Khan, who was an Overseer in the P. W. D. (Irrigation Branch), for a declaration to the effect that the order of the Chief Engineer, Provincial Public Works Department, Irrigation Branch, dated the 24th of September 1955, removing him from service, was illegal, void and inoperative and that he continues in service.   The appeal raises questions, some of which are of con siderable importance, involving construction of section 240 of the Government of India Act, 1935, in particular the interpretation of the phrase "reasonable opportunity to show cause" within the meaning of subsection (3) of the said section.   To appreciate the arguments addressed at the Bar, it would be necessary to state the material facts giving rise to the present appeal. Muhammad Ihsan appellant was appointed apprentice Overseer on the 20th April 1938, by a letter of the Under Secretary to the Punjab Government. He was confirmed as an Overseer on the 26th of October, 1939.   By letter dated the 9th of October 1954, the Chief Engineer, Provincial Public Works Department, Irrigation Branch, appointed the Superintending Engineer, Dipalpur Canal Circle as Enquiry Officer, directing him   to suspend the appellant immediately,   to serve a charge-sheet enclosed with that letter on the appellant, and   to institute an enquiry against the appellant under para, 6 of the Pakistan Government, Cabinet Secretariat (Establishment Division) Memorandum No. 13/7/51-SEI, dated the 22nd of September 1951, and send his findings and recommendations after taking defence.   The charge-sheet (copy Exh. D. 9) was served on the appellant on the 25th of May 1955. The charge-sheet reads as under :-   "You, Muhammad Ihsan Khan, Overseer (under suspension') are charged as…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register