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Appeal No. 358 of 1980, decided on 7th July, 1980.
‑‑‑ R. 6(1) ‑ Suspension ‑ Higher authorities directing competent authority and authorised officer to place an official under suspension and proceed with disciplinary action‑Such directions, held, without jurisdiction‑Competent authority in circumstances, directed by Service Tribunal to proceed uninfluenced by such directions‑Punjab Service Tribunals Act (IX of 1974), S. 4.
.‑‑In this appeal the learned counsel for the appellant has raised objection that the contents of paragraph 2 of Letter No. 397/R, 12/48 dated 30.4‑1980 (Annexure 'C' to this Appeal) are ultra vires and beyond the powers of the authority concerned. The aforesaid paragraph reads as under: ‑
"As desired by the Deputy Secretary (Settlement) Government of the Punjab, Revenue Department, Mr. Muhammad Anwar, who had been re‑instated in service by the Revenue Department av. e. f. 13‑1‑80 may please be placed under suspension w. e. f. 13‑1‑1980, being the competent authority as defined in the Punjab Registration Department, Delegation of Powers Rules, 1178 in respect of the Registration Staff and proceed against the official, Departmentally afresh on Issue No. 1 as given in the Order dated 13‑1‑1980, passed by the Punjab Service Tribunal, Lahore. Two complaints in original (copies retained) are set herewith for further necessary action."
The learned counsel for the appellant relies upon the provisions contained in the relevant Delegation of Powers Rules according to which in the case of the appellant District Registrar has been invested with the powers of "competent authority" as well as "authorised officer" and thus in terms of Rule 6(1) he alone was competent to determine the propriety of the suspension of the appellant. According to the learned counsel the direction issued above is wholly without jurisdiction.
We have perused the relevant provision contained in the Delegation of Powers. It clearly lends support to his contention. We, accordingly, direct the Deputy Registrar, Kasur, to proceed under rule 6 of the Efficiency and Discipline Rules totally uninfluenced by the directions issued by the superior authority. He will decide the issue himself as if there were no such direction. The appeal is disposed of with the observation above.
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