Law:

Section:

North-West Frontier Province Civil Servants (Appeal) Rules, 1986-------R. 3---West Pakistan Kanungo Services (Northern Zone) Rules, 1964, Rr. 4(a) & 5(3)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Second departmental appeal---Competency---Deputy Commissioner who was Competent Authority, passed order selecting civil servant and others as Kanungo candidates on merits after recommendation by Departmental Promotion Committee---Opposing civil servants aggrieved of such orders filed Departmental appeal before Commissioner of Division which failed---Opposing civil servants, instead of filing appeal before Appellate Tribunal, filed Second Departmental Appeal before Senior Member, Board of Revenue, which was not warranted under the law there being no provision for second appeal---Senior Member, Board of Revenue accepted appeal and set aside orders passed by Competent Authority and Appellate Authority in First Departmental Appeals---Order passed by Senior Member, Board of Revenue, was coram non judice and void ab initio, being passed by an Officer performing functions in connection with affairs of a Province without any authority---High Court being competent under Art. 199 of Constitution of Pakistan, 1973, struck down order passed in Second Departmental Appeal by Senior Member, Board of Revenue, which was passed without lawful authority and of no legal effect. 1990 PLC (C. S.) 313 ref. Muhammad Khan for Petitioner. Shaukat Hayat Khan for Respondents Nos. 1 to 5. Sh. M. Bashir Gohar for Respondents Nos. 6 to 8. Date of hearing: 14th May, 1997. JUDGMENT The available record reveals that petitioner was appointed as Patwari in the D.I. Khan Tehsil on 15-5-1976. He being fully conversant with land reform work was promoted as Kanungo an Ex-cadre post in the Land Reform Office of the Deputy Commissioner, D.I. Khan on 6-1-1980. He was selected by the Deputy Commissioner, D.I. Khan as a regular Kanungo candidate on officiating basis vide his order dated 31-3-1982 under Rule 5(3) of the West Pakistan Kanungo Services (Northern Zone) Rules, 1964. Subsequently on the recommendation of Departmental Promotion Committee (D.P.C.), D.I. Khan he was…

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