' This revision was admitted for regular hearing only to examine whether the Improvement Trust could delegate its powers of removal of its employees from service to its Chairman. Issue No, 3 was only important issue and may be reproduced below :-
(3) Whether the impugned order dated 15th September 1968 is illegal, void and inoperative against the plaintiff's right ?
' The contention in the present form had not been taken by the petitioner in the plaint. The only objection taken in the plaint was that the Chairman did not have the power to refer the case for a further inquiry to the A. D. M. After the first Inquiry Officer had exonerated the petitioner vide his report Exh. P.
2.
2. The learned counsel for the petitioner has relied on the resolution, dated 26th August 1965 (Exh. D.
12) by which the Trust had decided that its Secretary should submit a comprehensive report in the matter to the Chairman who was authorised to pass suitable order. This resolution was passed by the Trust on account of interpolation having been made by the petitioner in the Trust proceedings where he had, in the first instance, of his own accord foregone 1/3rd of the arrears which were payable to him at the time of re-instatement after the writ petition filed by him had succeeded in the High Court. This writ petition had been filed against the order by which the petitioner had been screened out. Sections 17 and 19 of the Town Improvement Act are relevant on the point which are to the following effect :-
17. Subject to such rules as the Provincial Government may make under clause (iii) of section 73 the Trust may from time to time employ such servants as it may deem necessary and proper to assist in carrying out the purposes of this Act, and may assign to such servants such pay as it may deem fit.
19. The Chairman shall exercise supervision and control over the facts and proceedings of all officers and servants of the trust ; and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances."
3. The Governor of Punjab in exercise of the powers conferred upon him by section 73 of the Punjab Town Improvement Act, 1922 framed Punjab Town Improvement Trust Service Rules. Rule 12 provides that the Trust or its Chairman may suspend an officer or servant of the Trust into whose conduct it is proposed to hold an enquiry after framing the necessary charges. Rule 3 provides that no order of dismissal or removal for misconduct shall be passed against an officer or servant of a Trust unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him. Rule 13 lays down the manner in which the charges are to be framed and communicated to the accused. Rule 15 relates to oral enquiry. The above rules read with the provisions of section 19 of the Act clearly show that the Chairman was competent to supervise and to exercise control over the acts of all officers and servants of the Trust and also to dispose of all questions relating to the service. Not only this the Chairman had been authorised by a resolution to deal with the allegation of misconduct against the petitioner, it cannot be, therefore, said that the Chairman had no authority to pass the impugned order. This objection had not been taken before the trial Court but in any case the point has been examined as it was allowed to be raised in the admitting note.
4. This revision has no force which is hereby dismissed with no order as to costs.