Law: Constitution of Pakistan, 1956

Section: Art. 45 (4)

Basic Democracies Order (18 of 1959), Art. 45 (4) and Constitution of Pakistan, 1956, Art. 170 - Secretary Town Committee dismissed by competent authority-Dismissal can still be questioned in writ petition if order of dismissal suffers from any other material defect-High Court hearing writ petition-Does not act as appellate or revisional authority, will not go into plea that even if some irrelevant and inadmissible material which had been taken into consideration be excluded from consideration impugned order would be justified-Lapses alleged to have been committed by dismissed person prior to his appointment to post from which he is dismissed taken into , consideration while passing order of dismissal-Order of dismissal, declared, unsustain able.   Sardar Sher Muhammad v. Rao Bashir Ali Khan and another P L D 1962 Lah. 172 ref. JUDGMENT   SHABIR AHMED, J.-Muhammad Anwar, who used to be the Secretary of Town Committee, Sillanwali in the district of Sargodha, has presented this petition against Mr. M. A. Bajwa, Deputy Commissioner, Sargodha, and the Chairman, Town Committee, Sillanwali, for issue of a writ which would make ineffective the order passed by Mr. Bajwa on the 14th of July 1961 whereby the petitioner was dismissed from service and which order was confirmed on appeal by the Commissioner of Sargodha Division.   The facts relevant for the purposes of this petition may be briefly stated. The petitioner was working as Head Clerk-cum -Accountant in the Municipal Committee, Sillanwali, and on the 8th of December 1959, the Administrator of that Municipal Committee recommended to the Deputy Commissioner, Sargodha, that the Commissioner of the Division be asked to appoint the petitioner as Secretary of that Municipal Committee, but this recommendation was turned down by the Deputy Commissioner. The town of Sillanwali which used to have a municipality of the Second Class under the Punjab Municipal Act, 1911, ceased to have a Municipal Committee but was given a Town Committee under the Basic Democraies Order, 1959, and on the 25th of May 1960, Mr. Bajwa. Deputy Commissioner and Collector, Shahpur, respondent No. 1 in this petition, acting as the con…