' Hamid Ali ex-Patwari has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded Punjab Province through the Secretary Services, Lahore, the Secretary to Government of Punjab, Revenue Department at Punjab Revenue Board, Lahore, the Commissioner, Multan Division, Multan and the Assistant Commissioner/ Collector, Kabirwala. This appeal has been directed against-the order, dated 14th March, 1984 passed by Respondent No, 2 and order dated 31st March, 1984 passed by respondent No, 4, in compliance with aforesaid order of respondent No, 2, dated 14th March, 1984 pocking the appellant under suspension and directing the enquiry proceedings against him in regard to his service as Patwari of Halqa Dendi Sargana, Tehsil Kabirwala of Multan District.
2. By virtue of this appeal, the appellant has prayed that the appeal be accepted and impugned orders, dated 14th March, 1984 as well as 31st March, 1984 passed by respondents Nos, 2 and 4 be set aside and he be re-instated in service with all back benefits.
3. Brief facts of the case are that the appellant was raided by a Magistrate 1st Class accompanied by Police and was arrested on the charge of accepting Rs, 500 as illegal gratification. The case was referred to the Summary Military Court, Multan which awarded sentence of 3 months' R.I. To the appellant vide order, dated 24th July, 1980. The appellant was accordingly dismissed from service.
He preferred an appeal against the aforesaid order which was accepted by the Commissioner, Multan Division, and the case was remanded to the A. C., Kabirwala for fresh action/decision in accordance with the rules laid down in Punjab Civil Servants (E & D) Rules. On the remand of the case the learned Assistant Commissioner/Collector, Kabirwala, vide his detailed judgment reinstated the appellant in service from the date of his dismissal from service viz. 16th October, 1980. After some time the matter was brought to the notice of the Commissioner through a complaint made by certain persons of the area in which the appellant was serving. The learned Commissioner took cognizance of the same. And referred the case to the Secretary Revenue, Board of Revenue, Punjab, Lahore, who in exercise the powers under rule 18 of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, set aside the order of Assistant Commissioner/Collector, Kabirwala, Mr. Bashir Ahmad Khan. On receipt of the said order, the Assistant Commissioner/ Collector, Kabirwala suspended the appellant and initiated inquiry against him. Hence this appeal.
4. I have heard the learned counsel for the appellant as well as learned District Attorney assisted by the representative of the Department and have perused the record of this case carefully with their assistance.
5. Learned Commissioner, Multan Division, Multan through learned District Attorney has come out with a preliminary objection that this appeal was directed against the order of suspension which was never in the field as the appellant had been dismissed from service vide order, dated 8th July, 1984. According to the learned District Attorney as the appellant has failed to amend the appeal and has not challenged the impugned order of dismissal so passed against him, the appeal was liable to be dismissed as incompetent.
6. 1 have given my anxious thought to the arguments advanced by the parties and have taken into consideration the preliminary objection of the learned Commissioner through learned District Attorney and find the same is just and correct. The record of this case reveals that the appeal is directed against suspension order so passed against the appellant whereas the appellant has been dismissed by the Assistant Commissioner/Collector, Kabirwala on 8th July, 1984. In this manner I have no other alternative but to dispose of the appeal as infructuous on the ground that the appellant had sufficient time with him to apply for amendment in appeal in the light of the impugned order of dismissal so passed against him.
7. The appeal is disposed of as infructuous. There will be no order as to costs.