- (1.) The question that has been raised before me is whether, from an order of a Magistrate dismissing a ministerial officer in his establishment, an appeal lies to the Commissioner of the district or to the High Court. To determine this point, we need to go back to the old laws on the subject, as we find that under the provisions of section 15, Regulation V of 1804, native officers employed in the several Courts of judicature, civil and criminal, or under any public officer, subject to the authority of the Courts of Sudder Dewanny Adawlut and Nizamut Adawlut, whose salary or other allowance may amount to rupees 10 per mensem or upwards, and whose appointment and removal may not have been reserved to the Governor-General in Council, shall not be removed from their respective offices without the sanction of the Court of Sudder Dewanny Adawlut or Nizamut Adawlut.
(2.) By the provisions of clause 1, section 7, Regulation VIII of 1809, the authority to confirm the appointment, removal and resignation of the principal ministerial native officers of the Zilla and City Judges and Magistrates, as well as of the record-keepers, and the whole of the native officers of Zilla Courts, civil and criminal, receiving a salary of rupees 10 per mensem or upwards, was vested in the Principal Courts of Appeal and Circuit.
(3.) By clause 1, section 3, Regulation I of 1829 (which Regulation constituted Commissioners of Revenue and Circuit, and by which the Provincial Courts of Appeal and Circuit were abolished), the said Commissioners possessed and exercised, each within the cities and districts comprised in the division placed under his authority, all the powers that were legally exercised by the Judges of Circuit, when holding the Sessions of Jail delivery, or by the Courts of Circuit collectively. And by section 7 of the same law, the offices of Superintendents of Police in the Lower and Western Provinces were abolished, and the Commissioners of Revenue and Circuit were authorized to exercise all the powers belonging to the Superintendents of Police within their respective divisions.;