Case Details

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

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.…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492