It is against this order that the appellant has filed this appeal by certificate granted by the High Court.
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.
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, cls.
The appellant then presented a petition under Art.
Appeal from the judgment and order dated September 3, 1958, of the Punjab High Court in Letters Patent Appeal No.
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.
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.
The Financial Commissioner by order dated October 26, 1953 ordered that the appellant 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 appellant submitted hi, explanation.
226 of the Constitution to the High Court of Punjab for an order quashing the order of dismissal company tending 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.
515 of 1960.
The Judgment of Gajendragadkar, Subba Rao, Hidayatullah and Shah, JJ.,
CIVIL APPELLATE JURISDICTION Civil Appeal No.
82 of 1957.
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.
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.
The Deputy Commissioner, Hissar was appointed to hold a departmental enquiry into those charges.
The appellant has appealed to this Court against the order of the High Court with certificates of fitness under Art.
Bhagat Singh Chawla and K. R. Choudhri, for the appellant.
M Sikri, Advocate General for the State of Punjab, Gopal Singh and P. D. Menon, for the respondents.
December II.
was delivered by 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.
He was companyfirmed in that rank in 1939.
