1999 PLP 103 (CLC)

A report, dated 7‑6‑1997 submitted by the Inquiry officer/ Additional Deputy Commissioner (G), Vehari on the basis of application of Muhammad Boota and others, the domicile certificate issued in favour of petitioner was cancelled by District Magistrate, Vehari vide order, dated 9‑7‑1997. Hence this Constitutional petition. It is contended by the learned counsel for petitioner that the inquiry conducted by Additional Deputy Commissioner (G) respondent No.2 is arbitrary as the petitioners were never issued any notice and they were not called to appear before the Inquiry Officer and no opportunity was given to them to defend their case and the recommendation, which formed the basis of cancellation of domicile certificates issued to the petitioners, was violative of natural justice and contrary to settled law of the country contained in maxim audi altrem partem'. It is further contended that mainly the domicile certificate of petitioners have been cancelled on the ground that the petitioners were not resident of Market Sahuka and had fictitiously, with wrong addresses got domicile certificate of that Markaz. The petitioners have appended the proof of their residences. The inquiry conducted by A.D.C.(G) was on some applications submitted before him for withholding some appointments to the post of P.T.C. Teachers and cancellation of the appointment orders, which was submitted by Muhammad Boota and others before him. The learned Additional D.C.(G) after perusal of record, which according to him, revealed that gross irregularity having been committed by Mr. Muhammad Akram Deputy District Education Officer (EE‑M), Burewala in collusion with Assistant Education Officer he passed the impugned order.

2. The report as well as order of District Magistrate, Vehari is available on the file as Annexures "A", "B" and "B/1" respectively. Relevant portion of Annexure B reads as under:‑‑ "Consequent upon the report, dated 7‑6‑1997 submitted by the Enquiry Officer viz Additional Deputy Commissioner (General), Vehari on the basis of applications of Muhammad Boota and others, the domicile certificates issued in favour of the following persons (petitioners) against incorrect/fake address so enable themselves to seek the job of P.T.C. Teacher in Markez Sahuka, Tehsil Burewala are hereby cancelled with immediate effect. "

3. This order clearly shows that the same has been passed without affording any opportunity of being heard to the petitioners and without asking them to supply any proof in support of issuance of their domicile certificates. The proceedings were conducted on the application submitted by Muhammad Boota and others, some rival candidates for the post of P.T.C. Teachers. It is evident from the very face of order passed by the District Magistrate that it was passed on the Inquiry conducted by Additional Deputy Commissioner (General), who too did not join the petitioners in the inquiry and without obtaining any proof from them, had arrived at the conclusion, which had adversely affected their rights. The contention of learned counsel for petitioners that after issuance of domicile certificates, the District Magistrate had become functus officio and he, by cancelling domicile certificate, has acted illegally and arbitrarily as no such powers vested in him, has much force.

4. In view of above I am of the view that without conducting any detailed inquiry, without joining the petitioners in the inquiry and without obtaining any proof from them about their residence, there was no legal justification on the part of District Magistrate to cancel their domicile certificates. The petitioners were legally entitled to defend themselves. To this extent the order of respondent No .l is declared to be without jurisdiction and without lawful authority and the same is set aside. However, this order will not affect the appointment of petitioners and if the same is not otherwise regular and certain irregularities have been committed by the petitioners in getting their appointment of the post of P.T.C. Teacher. The authorities may proceed against them in accordance with law and can also hold inquiry as permitted under the Rules and Regulations.

5. In the light of above this petition stands disposed of. A.A./M-752/L???????????????????????? Order accordingly