MAULVI ANWARUL HAQ, J.-- This judgment shall decide the Writ Petitions Nos. 7682 and 7883 of 1999 as common questions are involved.
2. In both these cases the petitioners and private respondents are employees of Municipal Corporation, Sialkot. The petitioners in these case were promoted to the post of Octroi Inspector and Head Clerk (Health) respectively. The private respondents in these case find appeals which were heard by an Addl. Commissioner (Rev.) Sialkot, who allowed the same and set aside the promotion orders vide order dated 8.4.1999.
3. Leaner counsel contends that Rule 13-A of West Pakistan Municipal Committees Service Rules, 1969 have since been repealed and appeals find under said Rule were not competent. Vehemently urges that the Appellate Authority was the Commissioner of the Division and Addl. Commissioner (Rev.) had no jurisdiction to hear and decide the appeals. No one has turned up for the respondents, to whom registered P.C. Notices have been issued for today but no one has turned up on their behalf and they are proceeded against ex parte.
4. So far as the said first contention of the learned counsel is concerned, I am not inclined to agree with the same. No doubt that the said Rules, 1969 were repealed but Punjab Local Councils Servants (Service) Rules, 1997 were promulgated and right of appeal is very much there. This is a case of mentioning of a wrong statutory provision and would not at all derogate from the right vesting in the private respondent. However, the said second contention of the learned counsel has force.
Under the said Rules, 1997 the Appellate Authority was Commissioner of the Division and Addl.
Commissioner (Rev.) would not be having jurisdiction in the natter. Learned counsel has brought to my attention a copy of order passed by the Hon'ble Supreme Court of Pakistan in C.P. 12G9-L of 1995 on 25.2.1995. Although the order was passed on consent but the said legal position was conceded i.e. Addl. Commissioner was not competent to pass the appellate order in the similar circumstances. Even otherwise the provision of the said Rules, 1997 for that matter of the repealed Rules are absolutely clear, In view of the above discussion, these writ petitions are allowed and the impugned orders dated 8.4.1999 of the Addl. Commissioner (Revenue) Gujranwala., are declared to be without lawful authority and are set aside. The result would be that the appeals find by the private respondents in both these case shall be deemed to be pending before the successor in office of the Commissioner Gujranwala Division i.e. D.C.O., who shall summon the parties and decide the matter after hearing them, A copy of this order be immediately remitted to the D.C.O. Gujranwala, for compliance.