The appellant Nazir Ahmad, Forest Guard, has filed this appeal under section 4 of the P.S.T., Act against the order dated 30-9-1991 passed by the Divisional Forest Officer, Sahiwal, whereby a major penalty of recovery of Rs,23,088 and stoppage of three increments was imposed upon the appellant. The appeal against the impugned order was dismissed by Conservator of Forest, Multan Circle, Multan through order dated 3-1-1994, hence this appeal.
2. The main contention of the appellant is that the impugned order suffers from grave irregularities as it has been passed by the authority without the appointment of an authorized officer. In support of his contention the learned counsel relied upon the cases reported as 1994 PLC (C.S.) 477, 1995 PLC (C.S.) 32, 1995 PLC (C.S.) 116 and 1997-PLC (C.S.) 657. All these authorities are to the point that the authority and authorized officers cannot join in one person. In such an eventuality, the final order shall be deemed to be that of the authorized officer. An authorized officer under the E&D Rules can only impose a minor penalty. Since in the case, in hand, a major penalty has been imposed, it will be deemed that the impugned order was passed in excess of the powers.
3. In view of the above, both the impugned orders are not sustainable in law, which are accordingly set aside and the case is remanded to the Competent Authority to initiate de novo proceedings in accordance with the provision of the E&D Rules.