Law:

Section:

(a) West Pakistan (Northern Zone) Patwar Subordinate Service Rules 1963-----Rules, 2(b) & 4---Dismissal of Patwari---Jurisdiction of Assistant Commissioner---Assistant Commissioner who was made appointing Authority by amendment in rules through Notification, held, could validly pass dismissal order against Patwari after such amendment had taken place. (b) Civil Services-- ---Dismissal---Dismissal of employee pending appeal---Such employee has to be treated as in service---Contention that if order of dismissal was passed in one inquiry, dismissed employee ceased to be a civil servant on passing of such order and he could not be further dismissed, was repelled. Rashid Ahmad v. The State P L D .1972 S C 271 ref. JUDGMENT SHAFIUR RAHMAN, J.--The Petitioner, a Patwari who has been dismissed after inquiry on three separate charges, seeks leave to appeal under Article 212 (3) of the Constitution against the three judgments of the Service Tribunal dated 13-1-1986 whereby the three appeals filed by him were dismissed. 2. The allegation against the petitioner in one case was of charging illegal gratification, of not handing over a copy of the Roznamcha Waqiati in the other and of acquiring property beyond his means in the third. After inquiry into the charges the Inquiry Officer held him to be guilty and recommended his dismissal which was ordered by the Assistant Commissioner/Collector. His appeals to the Tribunal failed. Hence this petition. 3. Ch. Khalil-ur-Rehman, Senior Advocate, the learned counsel for the petitioner contended before us that there were two legal grounds which he wanted to take up. The first was that the Assistant Commissioner could not have passed the order of dismissal because he was not the appointing authority of the petitioner and in support he has relied upon the entries of the land record manual Para 3.25 and the…

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