| Citation(s) |
|---|
| 1991 SLG 1629 1991 SLD 1629 1991 CLC 112 |
Board of Revenue, Punjab
R.O.R. No. 1501 of 1989, decided on 16th July, 1990
ABDUL WAHEED MEMBER (REVENUE)
Petitioner in person.
Respondent No. 1 in person. Mian Inamul Haq for
Respondent No. 2
R.O.R. No. 1501 of 1989, decided on 16th July, 1990
ABDUL WAHEED MEMBER (REVENUE)
Petitioner in person.
Respondent No. 1 in person. Mian Inamul Haq for
Respondent No. 2
BARKAT ALI
VS
ALLAH DITTA and another
Law:
Section:
(a) Punjab Chowkidara Rules, 1983--- R, 7---Appointment and removal/dismissal of Chowkidar---Mode of--Appointment of Chowkidar would be made by District Magistrate/Assistant Commissioner on recommendation of Village/Ward Councilor or Headman of the area ---Chowkidar so appointed in rural area, would work under co-operation and supervision of village Headman ---Chowkidara Rules, 1983, were though silent about the removal or dismissal of a Chowkidar, yet it could be very safely presumed that the authority vested with the powers of appointment of a Chowkidar had also powers to dismiss or remove him from service---Removal of Chowkidar was initiated by Headman of the area---Assistant Commissioner was competent authority to remove petitioner from the office of Chowkidar and to appoint appointee respondent in his place. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 164---Punjab Chowkidara Rules, 1983, R.7---Removal of petitioner from office of Chowkidar---Revision---Competency---Revision against order of removal of Chowkidar before Board of Revenue was not competent---No provision existed in Punjab Chowkidara Rules, 1983, which empowered Board of Revenue to hear appeal or revision against the order of dismissal or removal of a Chowkidar passed by District Magistrate or Assistant Commissioner---Punjab Chowkidara Rules, 1983 having been notified by Government of Punjab in the Home Department, Board of Revenue had thus nothing to do with Rules in question---Objection having been taken to the competency of an appeal/revision, it was incumbent upon petitioner to establish that he had a right of appeal/revision---Petitioner having failed to establish right of revision, same was dismissed in circumstances. (c) Natural justice, principles of-- ---- Order of removal passed by Assistant Commissioner falsified petitioner's stand that he was condemned unheard---No irregularity or illegality appeared to have been committed by Assistant Commissioner while removing petitioner from the office of Chowkidar---Petitioner was also heard by Appellate Authority. ORDER Brief facts of the case are that Ghulam Dastagir, respondent No.2 in his capacity as lambardar of Chak No.…
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