Law:

Section:

(a) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R. 6---West Pakistan Land Revenue Act (XVII of 1967), S. 172---Civil servant---Major penalty of reducing civil servant to the lowest stage of the time scale (BS-18) for a period of four years---Validity---Charge against civil servant (Deputy Commissioner/Collector of the District) was that he failed to prefer appeal against a decree of Civil Court passed between two private parties in a proceeding to which he was not a party and thus, evaded possible escheat to the State---Question of title being involved between two private parties, only forum competent to decide upon it was Civil Court---Enquiry Committee while holding civil servant guilty of such charge making no reference to any provision of law which might make a Collector of a District a potential claimant through escheat by pre-empting jurisdiction of Civil Court in regard to devolution of an owner's estate, or his power to alienate it in his lifetime---Provision of S.172, West Pakistan Land Revenue Act, 1967, which enumerates the matters lying exclusively in the jurisdiction of Revenue Officer, does not confer authority on him to see if any decree of Civil Court is based upon fraud etc. or that such decree might have been designed to evade escheat of an heirless land owner--­Charge of misconduct against civil servant was, thus, not proved in circumstances. (b) Contract Act (IX of 1872)--- ----Ss. 17 & 18---Constitution of Pakistan (1973), Art. 24---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, R. 6---Charge of misconduct against civil servant to the effect that he failed to prefer appeal against a decree of Civil Court which had been obtained through misrepresentation and fraud and that if such decree had been set aside, property in question, might escheat to State after the death of heirless owner---Proposition that Collector should start doubting the veracity of an agreement inter partes and his interference in private transactions; would erode sanctity of the fundamental right enshrined in Art. 24 of the Constitution, whereby every citizen was assured a right to acquire, possess or dispose of property…

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