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Petitioner: NAZIR AHMAD CHATTA VS Respondent: DIRECTOR OF AGRICULTURAL and another
Court Name: Lahore High Court Judge(s): Tanvir Ahmed Khan Title: NAZIR AHMAD CHATTA vs DIRECTOR OF AGRICULTURAL and another Case No.: Writ Petition No,2803 of 1990 Date of Judgment:1992-01-27 Reported As: 1993 CLC 195 Result: Order accordingly
JUDGMENT
JUDGMENT ' The petitioner has filed this Constitutional petition impugning the order dated 21-4-1990 passed by the respondent No,1 Director of Agricultural (Economics & Marketing), Punjab, Lahore, whereby the resolution No,10 dated 5-4-1990 of the Market Committee Alipur Chatta was suspended as having been passed in clear violation of rules. 2. Facts for the disposal of this writ petition briefly are that the petitioner was Appointed as Fees Collector in the Market Committee, Alipur Chatta on 21-10-1950. Subsequently he was promoted to BPS-10 in the year 1976 and was posted as Accountant and thereafter on 5-11-1989 he was given BPS-14 through letter No,333/E&M/89. The Market Committee Alipur Chatta in recognition of his meritorious service passed a resolution No,10 on 5-4-1990 granting him BPS-15. Grievance has been made that the respondent No,1 in clear violation of principles of natural justice withdrew the benefit so conferred by the Market Committee in an arbitrary manner. During the arguments of this case with the concurrence of the learned counsel appearing for the respective parties the order dated 21-4-990 passed by respondent No,1 is hereby set aside as having been passed without lawful authority as the petitioner was not afforded any opportunity of hearing before the passing of the impugned order. Resultantly, the case is remitted to respondent No,1 who shall pass fresh order in accordance with law after giving full opportunity of hearing to the petitioner. There shall be no order as to costs.