Case Details

Citation(s)
1962 SLG 2884 = 1962 SLD 2884 = 1962 PLD 443
Lahore High Court
Writ Petition No. 605 of 1961, decided on 20th February 1962.
Presented By: M. R. Kayani, C. J. and Faizullah Khan, J  
  Rafiq Ahmad Bangash for Petitioner.   Shaukat Husain Qureshi for
Respondents.   Date of hearing : 18th December, 1961.  

MUHAMMAD ANWAR-Petitioner  

VERSUS

  (1)        GOVERNMENT       OF       PAKISTAN,   THROUGH   THE    SECRETARY COMMUNICATIONS, AND   (2) B. K. NAZIR, GENERAL MANAGER TELE-COMMUNICATIONS, WEST PAKISTAN, LAHORE-Respondents

Law:

Section:

  Government servant-Dismissal-Re-instatement sought by writ petition-Oral evidence. required to be recorded by r. 6(5), Government Servants (Efficiency and Discipline) Rules, 1960, not recorded by Inquiry Officer-High Court quashed order of dismissal, and without making "formal" order of "re-instatement", directed that petitioner be treated "as though there had never been an inquiry against him"-Constitution of Pakistan (1956), Art. 170 Certiorari-Violation of statutory rule, of a Constitutional provision, and of principles of natural justice-Error of law patent on face of record-[Rex v. Wandsworth Justices, Ex Parte Read (1942) 1 K B 281, D C at p. 283 and Halsbury's Laws of England, Third Ed., Vol. 11, para. 122 ref.]   Government servant - Holds office during "pleasure" of . . . . . ."Pleasure" not arbitrary-Subject to statutory provi sions and rules-[Federation of Pakistan v. Fayyaz Ahmad P L D 1958 Lab. 500 ref].-Government of India Act, 1935, S. 240 (1) Constitution of Pakistan (1956) Art. 180.   Government-Mandamus can issue to Government-Govern ment servant-Salary-Payment may be directed by mandamus-- Salary not a "bounty"-Analogy from English Constitutional Law inapt-Constitution of Pakistan (1956), Art. 170--[Pakistan v. Muhammad A. Hayat P L D 1962 S C 28 rel. State of Pakistan v. Mehrajuddin P L D 1959 S C (Pak.) 147; Pakistan v. Naseem Ahmad P L D 1961 S C 445 considered ; Mian Rahmat Ali v. The General Manager, N. W. R. ; Writ Petition No. 359 of 1957 ; North-Western Railway v. Ali Abid Shah Civil Appeal No. 47 of 1959 (unreported) ; Pakistan v. Manzoor Husnain, Civil Appeal No. 56 of 1459 (unreported) R. v. Secretary of State for War (1891)2 Q B 326; R. v. Customs Commissioners (1836) 5 Ad. and El. 380 ; Rex v. Northumberland Compensation Appeal Tribunal (1952) 1 K. B 333 and Halsbury's Laws of England, Vol. 11, Third Ed., p. 99 ref.] JUDGMENT   FAIZULLAH KHAN, J --The petitioner Muhammad Anwar son of Muhammad Sadiq, caste Pathan, resident of village Sultanpur, Tehsil Shakargarh, District Sialkot, was serving as a Telephone Operator Lahore Trunk Exchange…
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