Through this Constitutional petition the petitioner seeks setting aside of Notification dated 20-8- 2001 by which respondents Nos, 2 to 10 have been selected/elected as Members of Zakat Ushr Committee, Chak No,91 Shamali, Tehsil and District Sargodha.
2. The brief facts of the case are that respondent Zulfiqar Ali has been selected as Chairman and Zafar Iqbal respondent No,3 has been selected/elected as Secretary Zakat Ushr Committee of the Chak.
3. Learned counsel for the petitioner has drawn my attention to Annexure-A of this petition in which instructions have been issued for the election and the constitution of Zakat Ushr Committees. It has been mentioned in rule 6 sub-rule (iii) that no Government servant can be made Member of said Committees except Imam Masjid. Learned counsel for the petitioner has also drawn my attention to Annexure-H of this petition which shows that Zafar Iqbal and Zulfiqar Ali are employees of PTCL.
Learned counsel for the petitioner contends that they are civil servants and they are not qualified to be selected/elected for the said posts. It is further contended that the appeal was dismissed by respondent No,1 without any speaking order.
4. On the other hand, learned counsel for respondents Nos,2 and 3 has opposed this petition on the ground that respondents Nos,2 and 3 are employees, in PTCL on daily wages basis and cannot be taken as regular employees. In this regard reliance is placed on (1994 CLC 273) Bashir Ahmad v.
District Collector Multan and 5 others, in which it has been held that no interference is called for normally. Learned counsel for the petitioner in response to the arguments of learned counsel for respondents Nos,2 and 3 contend that the case cited by the learned counsel for the respondents is about school teacher which has been exempted under section 18(4) of Zakat and Ushr Ordinance, 1980 and school teachers can be elected/selected as member of Zakat and Ushr Committees.
5. I have heard the learned counsel for the parties and also perused the documents attached with this petition. The disputed questions of facts are involved in this writ petitionthat whether the respondents Nos,2 and 3 are civil servants or not. The matter requires thorough probe which cannot be done in writ jurisdiction. However, in presence of clear-cut bar for appointment/selection as members of Zakat and Ushr Committees for civil servants, it will be appropriate if respondent No,1 decides these issues through speaking order. The appeal filed before respondent No,1 has been dismissed in a slipshod manner. Under section 24-A(2) of the General Clauses Act all the authorities are bound to pass speaking order, which is reproduced as under for ready reference:- "(2) The authority, office or person making any order or issuing any direction under the powers conferred by or under any enactment shall, so far as necessary or appropriate, give reasons for making the order or, as the case 'May be, for issuing the direction and shall provide a copy of the order or, as the case may be, the direction to the person affected prejudicially."
The decision of the appeal in such manner by respondent No,1 is declared to be illegal and unlawful and is set aside and it will be deemed to be pending before respondent No,1 and he will pass fresh order after considering the arguments advanced before him through speaking and detailed order within 30 days from the receipt of this order. This petition is accepted.