1. ' M. SALEEM CHAUDHRY (CHAIRMAN).-In this case the Government Pleader has raised the objection that the appeal is barred by time inasmuch as the appellant after preferring departmental appeal failed to approach this Tribunal within the period of 120 days. Reliance was placed by the Government Pleader in this behalf upon the latest decision of the Supreme Court of Pakistan reported as 1980 SC MR 260. The appellant has filed application for the condonation of delay which is grounded on the fact that it has been the consistent practice of this Tribunal to entertain the appeals without any objection to limitation. It is further submitted that in fact the Department also never raised the plea of limitation in such cases. In view of the above, we are inclined to condone the delay. However, on facts we find that in this case the appellant was Patwari who was dismissed from service on 18th February, 1975 by the D.C./Collector, Lahore. It has already been held in Sher Muhammad's case in Appeal No, 993/744 of 1974 that after the amendment in the West Pakistan Northern Zone Patwari Rules of 15th July, 1972 the "Collector concerned" in the case of Patwaris was the Assistant Commissioner concerned. Since the basic order bad been passed by the D. C., Lahore which is without any jurisdiction, we therefore accept this appeal and remand the case to the A. C.
2. Chunian for fresh decision. Before parting this judgment we may observe that any orders passed previously by the D. C. Or the higher authorities will not influence the mind of the A. C. Which are hereby set aside.