Law:

Section:

Constitution of Pakistan (1973)--- Art. 185 (3) read with Civil Procedure Code (V of 1908), S. 115 (c) Revision Judgment and decree passed by subordinate Courts by acting in exercise of their jurisdiction illegally or with material irregularity Held, can be interfered with by High Court under S.1115 (c), C. P. C. ORDER NASIM HASAN SHAH, J. The respondent was a permanent employee of the Municipal Committee, Vehari and working as an Additional Octroi Inspector. He was dismissed from service by the Chairman of the Committee. He, accordingly, challenged the order of his dismissal by filing a civil suit, which was dismissed. His appeal before the District Judge, Vehari also failed. He, therefore, moved the High Court by a revision petition. The learned Judge in High Court. in a detailed and elaborate order, after thoroughly perusing the enquiry proceedings, found that the dismissal of the respondent was not based on any evidence and, therefore, an arbitrary exercise of the powers vested in the authority passing the order of dismissal. He, therefore, accepted the revision petition and decreed the suit and granted the declaration as prayed for by the respondent. This petition is directed against the above order of the High Court. The main contention raised by Malik Muhammad Azam Rasul in support of this petition, is that the learned Judge in Chamber has misconceived the scope of a revision petition under section 115 of the C. P. C. and has accepted the revision petition by appreciating the evidence recorded in the enquiry proceedings. This matter was entirely within the power of the departmental authorities,…

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