' This writ petition calls in question the legality and validity of an order of Assistant Director, Local Government, Bhakkar, dated 22-11-1983 on the ground of want of jurisdiction.
2. The dispute relates to two employees of local council. The petitioner, vide resolution No,6 passed by the Town Committee on 15-1-1983 was promoted permanently to the post of Octroi Superintendent. Respondent No,2 filed an appeal against that resolution before an Assistant Director, Local Government, Bhakkar who is respondent No,1, who accepted the appeal, vide impugned order, dated 22-11-1983 and nullified the resolution of the Town Committee, dated 15-1- 1983.
3. During the hearing of this writ petition, it was contended that respondent No,1 lacked jurisdiction because he was not an appellate authority visualized by the Punjab Local Councils (Appeal) Rules, 1980 nor he figured anywhere under the Appeal Rules, 1960 and even under the Octroi Rules, 1964.
4. After examination of the Punjab Local Government Ordinance, 1979 and the earlier laws both the learned counsel were in agreement that no appeal was competent before respondent No,l. That being thnA position, the jurisdiction assumed and in exercise thereof the impugned order passed would be without lawful authority and of no legal effect.
' It may be possible for the aggrieved person to invoke the supervisory powers of the Provincial Government for redress of any grievance on making out a case that the resolution was illegal or in violation of any law but that by itself would be no ground for refusing relief to the petitioner in the present proceedings when a case of want of jurisdiction has clearly been made out.
5. The net result is that this writ petition is accepted and the impugned order is declared to be without lawful authority and of no legal effect. In view of the fact that the respondent adopted a reasonable attitude, there will be no order as to costs.