Law: Municipal Administration Ordinance, (X of 1960)

Section: S. 3 (10)

  Municipal Administration Ordinance (X of 1960), S. 3 (10) -"Controlling Authority"-Power to make appointments --Commissioner of Division notified as "Controlling Authority", instead of Provincial Government, as from .31-12-1960--Appoint ment of "Chief Officer" made by Commissioner-No evidence as to "date" of appointment-Quo-warranto cannot issue in respect of appointment when writ was claimed on plea that appointment was invalid having been made by Commissioner instead of Provincial Government-Constitution of Pakistan (1956), Art. 170.   Municipal Administration Ordinance (X of 1960), S. 4 read with Ss. 29 (d) & 130-Basic Democracies Order (18 of 1959), Arts. 44 & 45 "Secretary" of Municipal Committee continues to be "Secretary" under Ordinance-Section 29 does not "enjoin" appointment of "Chief Officer" in replacement of "Secretary"-Memorandum No. SOH (G) 1-11/60, dated 6-5-1960, being mere "instruction" cannot change law, and has no binding force-Section 130 not attracted.   Government servant-Re-instatement-Principle that writ for re-instatement cannot Issue, does not apply in case of servants of corporate Municipal bodies-Constitution of Pakistan (1956), Art. 170-[Pakistan and the Administrator of Karachi v. Naseem Ahmad P L D 1961 S C 455 ref.]   Termination of service-On ground of disobedience of order of transfer-Order of transfer legally not binding-Subsequent plea of Commissioner that termination be deemed as one by virtue of clause in agreement of service as to one month's notice-Not avail able.  JUDGMENT   SHABIR AHMAD, J.-Faizullah Khan, who used to be the Secretary of the Multan Municipal Committee, set up under the Punjab Municipal Act, 1911, has brought this writ petition against the Government of West Pakistan, through the Secretary to Government, West Pakistan, Basic Democracies and Local Government Department, Lahore, Commissioner, Multan Division, Multan, and N. H. Farshori, Chief Officer, Municipal Committee, Multan. The prayer in the writ petition is that a writ of mandamus be issued to respondent…