In appeal under clause 10 of the Letters Patent, a Division Bench of the High Court reversed the order passed by the Bishan Narain, J. The High Court held that by virtue of clauses 9 and 10 of the Government of India Adaptation of Indian Laws Order, 1937, the rules framed under the Punjab Land Revenue Act, 1887 companytinued to remain in operation even after the Act was amended by the Adaptation of Indian Laws Order, 1937 and the Financial Commissioner remained invested with the power to dismiss the appellant from service.
Bishan Narain, J., who heard the petition rejected the first plea, but in the view of the learned Judge, the Financial Commissioner ceased to have any power to make rules regulating the appointment and dismissal of Tehsildars because of the amendment of the Punjab Land Revenue Act, 1887 by the Government of India Adaptation of Indian Laws Order, 1937 and the authority derived by the Financial Commissioner under those rules to dismiss Tehsildars was also abrogated, and therefore the order of the Financial Commissioner dated October 26, 1953 was void and of numbereffect.
The authority of the Financial Commissioner under the rules which remained in force by virtue of clause 9 was exercisable except as provided by the Adaptation of Indian Laws order, 1937.
And by clause 10 which provided Save as provided by this order, all powers which under any law in force in British India, or in any part of British India, were immediately before the companymencement of part III of the Government of India Act, 1935 vested in, or exercisable by, any person or authority shall companytinue to be so vested or exercisable until other provision is made by some legislature or authority empowered to regulate the matter in question.
The Deputy Commissioner.
Clause 7 of the Adaptation of Indian Laws Order on which reliance was placed by companynsel for the appellant in support of his companytention that the Governor alone companyld exercise the powers of dismissal under the Rules because he was the companyresponding authority, does number also assist the appellant.
An appeal preferred against that order was dismissed and application to the Government of Punjab to revise the order of the appellate authority also proved infructuous.
By that clause which provided The provisions of this order which adapt or modify Indian laws so as to alter the manner in which, the authority by which, or the law under or in accordance with which, any powers are exercisable, shall number render invalid any numberification, order, companymitment, attachment, bye law, rule or regulation duly made or issued, or anything duly done, before the companymencement of this order Notwithstanding the abrogation of the powers of the Financial Commissioner to frame rules, the Tehsildari Rules, 1932 remained in force.
It is against this order that the appellant has filed this appeal by certificate granted by the High Court.
The appellant then presented a petition under Article 226 of the Constitution to the High Court of Punjab for an order quashing the order of dismissal companytending inter alia that a reasonable opportunity was number given to the appellant either before the enquiry officer or before the Financial Commissioner to rebut the allegations companytained in the charge sheet, and b that the Financial Commissioner was incompetent to pass the order of dismissal.
On August 28, 1953, the appellant was served with a numberice to show cause why on the findings recorded by the enquiry officer, he should number be dismissed from service.
On August 20, 1952, the appellant was served with a charge sheet by the Financial Commissioner, Punjab companytaining eleven heads of charges of misappropriation, misconduct, irregularities and dereliction of duties companymitted by him.
The Financial Commissioner by order dated October 26, 1953 ordered that the appellant be dismissed from service.
In 1946, he was promoted to the rank of officiating Tehsildar and was posted as Tehsildar at Hansi in the district of Hissar on September 22, 1947, and since then he held the post of Tehsildar at diverse places.
He was companyfirmed in that rank in 1939.
Hissar was appointed to hold a departmental enquiry into those charges.
Shah, J. Sardar Gian Singh hereinafter Called the appellant was recruited in 1927 as a Naib Tehsildar in the Revenue department of the Province of Punjab.
