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Petitioner: HAFIZULLAH KHAN VS Respondent: DEPUTY COMMISSIONER, MIANWALI
1980 P L C (C
1980 P L C (C. S.) 161
[Service Tribunal Punjab]
Present : M. Saleem Chaudhry, Chairman, Mazhar Munir and S. Hafeez‑ur‑Rehman, Members
HAFIZULLAH KHAN
Versus
DEPUTY COMMISSIONER, MIANWALI
Appeal No. 225 of 1976, decided on 11th November, 1979.
Civil services ‑‑---
-----Dismissal‑No powers of dismissal of Secretary, Union Council delegated to Deputy Commissioner by Governor‑Order of dismissal passed by Deputy Commissioner, held, illegal.
ORDER
M. SALEEM CHAUDHRY (CHAIRMAN).‑In this case the appellant an ex Secretary, Union Council, is aggrieved by the order of the Deputy Commis sioner, Mianwali, dated 30‑1‑1976 dismissing him from service in the capacity of Controlling Authority.
2. Admittedly, the appellant became Civil Servant w.e.f. 1‑9‑1973, when the services of the employees of Union Councils were provincialised.
3. The appellant raised the contention that the Deputy Commis sioner, was not vested with any powers to take the impugned action against him inasmuch as he had not been delegated any powers by the Governor. The position remained uncontroverted. Despite allowing number of opportunities to the Department, no Delegation of Powers Rules, have been produced before us.
4. In the circumstances, the order passed by any Authority subordinate to the Government, unless powers were so delegated, is clearly illegal and without any lawful authority. We accordingly accept this appeal and set aside the order of the Deputy Commissioner concerned.
Appeal accepted.