1. RAJA AFRAS1AB KHAN, J.- To begin with, first order, in this case was passed by Malik Muhammad Nasrullah Sub-Division Canal Officer, on 13.10.1988. In the meantime, he was promoted as Divisional Canal Officer. The impugned * order dated 13.10.1988 was challenged by filing an appeal by the petitioner. The appeal was, admittedly, again heard and decided by Malik Muhammad Nasrullah in his capacity as Divisional Canal Officer, on 2.4.1989. This fact has not been disputed by the learned Law Officer and the learned counsel appearing on behalf of the contesting-respondents. They, therefore, have no objection if the impugned order dated 2.4.1989 is set aside. The impugned order dated 2.4.1989 is thus set aside by declaring it to be without lawful authority and of no legal consequence. The appeal of the petitioner shall, therefore, be deemed to be pending decision before the Divisional Canal Officer. It shall be heard and decided by an officer other than, Malik Muhammad Nasrullah, DCO within next one month. With these remarks, this petition succeeds and is allowed with no order as to costs.