P L D 1965 W (PLP)

This order will dispose of the following two revisions: (1) Revision No. 220 of 1963‑64 Abdur Rashid Khan alias Muhammad Rashid v. Noor Muhammad (2) Revision No. 2082 of 1963‑64 Noor Muhammad v. Abdur Rashid Khan alias Muhammad Rashid The above two revisions have been filed against an order dated the 10th June 1964, passed by the Commissioner, Sargodha Division, whereby the appeal preferred by Noor Muhammad was rejected. The facts of the case are that Ghulam Ali Khan Lambardar of Chak No. 478/GB Tehsil Samundri became landless and was dismissed. Applications were invited for fresh appointment and ultimately the Collector appointed Abdur Rashid alias Muhammad Rashid as Lambardar under rule 17(ii) of the Punjab Land Revenue Rules. Abdur. Rashid was an employee of the District Council, Lyallpur but the Collector did not consider this as an obstacle in the discharge of his duties. Noor Muhammad went in appeal to the Commissioner but it was dismissed. The Commissioner, however, directed that Abdur Rashid should resign from his post in the District Council within two months of the order. Abdur' Rashid has filed a revision for getting this restriction waived while Noor Muhammad has come up in revision against the appointment of Abdur Rashid as Lambardar. I have heard the learned counsel for the parties. The appointment in this case is governed by rule 17(ii) read with rule 16 of the Act. Abdur Rashid suffers from the draw‑back of being a non‑resident but this is not a defect which would necessitate or justify the dismissal of a person from the office of headman under rule

16. The appointment of Abdur Rashid was, therefore, perfectly justified on merits. The learned Commissioner was also justified in insisting that Abdur Rashid should resign from his present post within two months. This has not been done and the explanation given by the counsel for Abdur Rashid is that he had applied for leave but the District Council would not accept his request. From the copies produced before me, I find that Abdur Rashid only asked for two months earned leave. He did not apply for being relieved nor did he state that the learned Commissioner had directed him to resign from the service of the District Council within two months. It is true that a non‑resident Lambardar can be appointed but the circumstances of the case are such that it is desirable that he should resign from the service and report for duty to his village. In these 'circumstances, I reject the revision preferred by Noor Muhammad but partly accept that filed by Abdur Rashid, and direct that he must get himself relieved and report for duty in his village within one month from the date of this order otherwise he shall stand dismissed from the post. A. H. Order accordingly.