' A complaint under section 323, P. P. C. Was pending with the Town Committee, Lallian. Vide order, dated 26th August, 1965 Deputy Commissioner, District Jhang transferred the complaint from the Conciliation Court Union Committee, Lallian to Union Committee No, 3, Chiniot.
2. Order of transfer has been challenged by Muhammad Siddiq complainant on the ground that the Deputy Commissioner had no jurisdiction to transfer the criminal case from the Conciliation Court, Lallian to another Union Committee for trial and disposal. The transfer order is stated to have been made by the Controlling Author ities, without notice to the petitioner.
3. The respondent No, 2 despite service is absent. Hence be is proceeded against ex parte.
4. I have heard the learned counsel for the petitioner and perused the record. There is no provision in the Conciliation Courts Ordinance, 1961 and the Rules framed thereunder empowering the Deputy Commissioner to transfer a criminal case from one Conciliation Court to another in a different Union Council/Union Committee. The order of transfer is therefore, without jurisdiction. In the absence of a specific provision in the Conciliation Courts Ordinance, 1961 or the Rules framed thereunder the Deputy Commissioner was not competent to make a transfer order, more so in the absence of a notice to the complainant. Consequently the writ petition is accepted the order dated 26th August, 1965 passed by Deputy Commissioner, Mang is set aside and is declared to have been passed without lawful authority. No order as to costs.