Law: Government of India Act, 1935

Section: 240(2)(2)(3),265(2)

Law: Constitution of Pakistan, 1973

Section: 186

Government of India Act, 1935, Ss. 240 (2) (2) (3), 265 (2), Punjab and North West Frontier Province Joint Public Service Commission (Conditions of Service) Regulations, Clause 4 proviso (c)-Chairman, Public Service Commission-­Reduction in contracted period of service-Civil suit lies-Tenure of service not during His Majesty's pleasure but normally 5 years under Clause 4 of Regulations unless a shorter period fixed under proviso (a) to Clause 4-Constitution of Pakistan, Art. 186 2rrelevant in considering question of tenure of service of Chairman appointed under Government of India Act, 7935­Appointment made for three years could not be reduced unless there was authority for doing so-Chairman holds "civil post" within meaning of S. 240, Government of India Act, 1935-Show cause notice necessary under sub-sections (2) and (3) before removal. Some of the material facts of the case were these: About three months after the partition of British India, the plaintiff respondent was appointed a Member of the West Punjab and North-West Frontier Province Joint Public Service Commis­sion with effect from the 10th of November 1947, for five years till the 10th of November 1952. On the 20th of October 1952, sanction was accorded to the temporary extension, till further order, of the employment of respondent as Member of the Commission with effect from the 10th of November (forenoon). On 4th of November 1952, the Governor of the Punjab appointed respondent Chairman of the Commission with effect from the date on which the existing Chairman relinquished charge. On the 9th of December 1952, the Governor of the Punjab appointed the respondent the Chairman of the Commission for a period of three years with effect from the afternoon of 22nd of November 1952. The respondent was working as Chairman of the Commission when on 24th September 1953, the Governor directed that in the notification of appointment the period of "three years' should be read as "one year." This, it was said, was necessitat­ed by rules according to which the respondent could not have been appointed Chairman for more than one year. Against this direction the respondent lodged a protest with Govern­ment which was…

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