KARAM ELAHEE CHAUHAN, J.-A service appeal of the petitioner was dismissed by the Punjab Administrative Tribunal on 10.2-1975, by a quorum of two members. The petitioner has come up in a petition for special leave to appeal against the same to this Court.
2. It has been argued that according to the law as contained in section 3 of the Punjab Administrative Tribunal Act IX of 1974. The Tribunal consisted of two Members and a Chairman, and that as such the disposal of the case by two Members was not warranted under that Act. The, contention seems to have merit and is fully supported from the provisions of the aforesaid section.
When confronted with this situation, learned A. A.-G. (Punjab), to whom notice had been issued, submitted, that section 7 of the Act authorised disposal of a case by two Members of the Tribunal, when any of them was unable to attend or when his seat was vacant. In this case, he submitted, that as the Chairman of the Tribunal had not been appointed, therefore, according to the provisions of section 7, the remaining two Members were competent to hear this case. The conten- -tion has no merit. Section 7 on which reliance is being placed was deleted with effect from 8-2- 1975 by the Punjab Administrative Tribunal Ordinance IX of 1975, with the result, that thereafter, two Members alone could not have disposed of the case in hand on 10-2-1975.
3. The result is that the petition is converted into an appeal and is accepted, the order of the Tribunal dated 10-2-1975 is quashed, and they are directed to redecide the appeal of the petitioner on merits. Parties to bear their own costs.