| Citation(s) |
|---|
| 1961 SLG 2195 1961 SLD 2195 = 1961 PLD 445 |
Supreme Court of Pakistan
------- Civil Nos. 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, and 130, of 1960, decided on 9th June 1961.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar and Hamoodur Rahman, JJ
Nazir Ahmad Khan Attorney-General for Pakistan (Khalid M. Ishaque Advocate Supreme Court, with him) instructed by Shafiq Ahmad Attorney foe Appellants. S. M. Sohail Advocate Supreme Court instructed by K. A. Ghani Attorney for
Respondents in Civil Appeals Nos. 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127 and 130 of 1960. Date of hearing : 29th May 1961.
------- Civil Nos. 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, and 130, of 1960, decided on 9th June 1961.
Presented By: A. R. Cornelius, C. J., S. A. Rahman, Fazle-Akbar and Hamoodur Rahman, JJ
Nazir Ahmad Khan Attorney-General for Pakistan (Khalid M. Ishaque Advocate Supreme Court, with him) instructed by Shafiq Ahmad Attorney foe Appellants. S. M. Sohail Advocate Supreme Court instructed by K. A. Ghani Attorney for
Respondents in Civil Appeals Nos. 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127 and 130 of 1960. Date of hearing : 29th May 1961.
PAKISTAN, AND ADMINISTRATOR OF KARACHI-Appellants
VERSUS
NASEEM AHMAD-Respondent (and other appeals)
Law:
Section:
(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, Karachi, dated the 15th October 1959, in Writ Petition No. 127 of 1958, Writ Petition No. 128 of 1958, Writ Petition No. 138 of 1958, Writ Petition No. 141 of 1958, Writ Petition No. 142 of 1958, Writ Petition No. 172 of 1958, Writ Petition No. 215 of 1958. Writ Petition No. 267 of 1958, Writ Petition No. 401 of 1958, Writ Petition No. 404 of 1958, Writ Petition No. 559 of 1958, Writ Petition No. 622 of 1958, Writ Petition No. 711 of 1958, Writ Petition No. 733 of 1958, Writ Petition No. 840 of 1958, Writ Petition No. 841 of 1958, and Writ Petition No. 913 of 1958). (a) Writ-Mandamus----- ----Does not lie to re-instate Government servant to office-Constitution of Pakistan (1956), Art. 170- Government of India Act, 1935, Ss. 240, 241-Prescribe procedure for removal of Government servants-Do not compel Government to retain servants against Government's will. A writ of mandamus does not lie to restore a Government servant to office for, even though he may be holding a public office, his office does not fall within the nature of the offices to which restoration can be compelled by this extraordinary remedy. A mandamus will not be granted if the party complained of has power which would enable him to make the order inoperative. A mandamus will not lie to compel restoration to any or every kind of public office. The cases in which the English Courts have invoked this extraordinary power for compelling restoration by writ of mandamus are all cases of offices which are either corporate or elective offices or municipal positions. In England no Court "could possibly compel the restoration to office of any public servant in the service of the Crown, for, all such servants of the Crown hold office during the pleasure of the Crown, and no Court in England would presume to command the Crown. Even for other offices, the tenure of which is precarious or dependent on the will of another, a mandamus would not lie to compel restoration to such offices. The respondents herein held office during the pleasure of the State and were…