Pakistan Case Law← Search
1980 PLC (C. S.) 161

HAFIZULLAH KHAN vs DEPUTY COMMISSIONER, MIANWALI

Citation1980 PLC (C. S.) 161
CourtPunjab Service Tribunal
Case No.Appeal No. 225 of 1976
Date1979-11-10
Judge(s)Muhammad Saleem Chaudhry, Mazhar Muneer, S. Hafeez-Ur-Rehman
ResultAppeal accepted

ORDER

M. SALEEM CHAUDHRY (CHAIRMAN).-In this case the appellant an ex --Secretary, Union Council, is aggrieved by the order of the Deputy Commis--sioner, Mianwali, dated 30-1-1976 dismissing him from service in the capacity of Controlling Authority.

2. Admittedly, the appellant became Civil Servant w.e.f. 1-9-1973, when the services of the employees of Union Councils were provincialised.

3. The appellant raised the contention that the Deputy Commis--sioner, was not vested with any powers to take the impugned action against him inasmuch as he had not been delegated any powers by the Governor. The position remained uncontroverted. Despite allowing number of opportunities to the Department, no Delegation of Powers Rules, have been produced before us.

4. In the circumstances, the order passed by any Authority subordinate to the Government, unless powers were so delegated, is clearly illegal and without any lawful authority. We accordingly accept this appeal and set aside the order of the Deputy Commissioner concerned.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search