Law:

Section:

  Constitution of Pakistan (1962), Art. 98---Writ-Mandamus -District Council Employee---Not Government servant-Writ of mandamus for restoration to office in District Council---Does not lie. Zainul Abedin v. Multan Central Co-operative Bank Ltd., Multan P L D 1966 S C 445; Chairman, East Pakistan Industrial Development Corporation, Dacca and another v. Rustom Ali and another P L D 1966 S C 848 and Halsbury's Laws of England, Vol. JI, Para. 162, 3rd Edn. rel. The Managing Committee of Co-operative Model Town Society Ltd. v. Kh. Muhammad Iqbal P L D 1963 S C 179 distinguished. Dates of hearing: 25th and 26th June 1969.   JUDGMENT A. S. CHOWDHURY, J.---Petitioner, Shamsuzzaman, obtained a rule calling upon the respondents to show cause why the impugned order made under Memo. No. 5426(2) G dated 9-12-63 of the District Council, Comilla, should not be declared as having been made without any lawful authority and why it should not be held that the petitioner continues in his service from which he has been compulsorily retired. Petitioner's case is that he was appointed as Head Clerk -cum-Accountant of the District Board of Tippera in 1942 and that after the establishment of the District Council under the Basic Democracies Order, 1959 he had been serving in the said capacity under the District Council, Comilla. It is further stated that all on a sudden a proceeding was a drawn against him on various charges. It is further claimed that he had been drawing a pay of Rs. 250 from 1952 together with other allowances. It is stated that he submitted an explanation refuting all charges levelled against him. Thereafter, his suspension was recommended and the Chairman placed him under suspension and he had to make over charge of the office forthwith. It is further alleged that although it is claimed that the Select Committee considered his explanation in their meetings held on 9-5-63 and 12-5-63," he was not given proper hearing though he was asked to be present on those days and his explanations were not considered properly". It is further alleged-"Surprisingly enough it was subsequently found that the Select Committee submitted its report dated…