Law:

Section:

West Pakistan Food Department (Gazetted Posts) Recruitment Rules Rr. 3 & 12 read with Punjab Public Service Commission (Func tions) Rules, 1974, r. 5-Relaxation of Rules-Total lack of authority to make appointment-Distinguished upon relaxation of requirements governing appointment-Direct recruitment as Assistant Director, Food totally not envisaged under Rules-Recruitment purportedly made by relaxation of r. 3, in circumstances, held, illegal-Relaxation requiring consultation with Public Service Commission-Post taken out of purview of commission by Chief Minister purportedly under r. 5 of Punjab Public Service Commission (Functions) Rules, 1974-Chief Minister, held, not empowered to do so-Power vested in Governor only-Removal of such appointee on issuance of Martial Law Instruc tion No. 21 and on recommendations of Public Service Commission in circumstances, held, not exceptionable-Public Service Commission recommending him suitable for post of District Food Controller- Department, in circumstances, directed to consider his appointment as such. P L D 1971 S C 846 rel.                                                                                                                             JUDGMENT M. SALEEM CHAUDHRY (CHAIRMAN).-In this case, the appellant was directly recruited as Assistant Director, Food in N.P.S. 17, by the order of the Government of the Punjab dated 5-1-1976 (actually joined on 7-1-1976), in relaxation of rule 3 of the West Pakistan Food Department (Gazetted Posts) of Recruitment Rules, 1963 and rule 5 of the Punjab Public Service Commission (Functions) Rules, 1974. The relevant provision in rule S read with item No. 3 in Appendix `A' (item G) to the said Rules is as under: - "Seventy-five per cent. by selection on merit from the regional sub-cadre of District Food Controllers/Rationing Controllers, Storage and Enfor cement…