Law: Constitution of Pakistan, 1973

Section: 181(1),182(1)

Law: Punjab Public Works Subordinate Service Rules

Section: 4,5,5(11)

(a) Constitution of Pakistan----- --------Art. 181 (1)-Dismissal of Government servant by unauthorised person with approval of appointing authority-Validity. Unless the authority competent to dismiss or remove a Government servant applies its own mind and makes a dis­missal order which is its own, mere approval of action taken by an unauthorised person cannot be treated as valid dismissal or removal within the meaning of Article 181 (1) of the Constitu­tion. The constitutional requirement laid down in subsection (I) of Article 181 must be complied with in letter as well as spirit. Fundamental requirements of the Constitution cannot be got over either by straining logic' or by resorting to inferences. (b) Punjab Public Works Subordinate Service Rules, Rules 4, 5 and 5 (11)---- -----Constitution of Pakistan, Article 182 (1)-Temporary appointment of Government servant-Appli­cability of Rules and Article. Held, that Rule 5 (11) of the Punjab Public Works Sub­ordinate Service Rules applies to temporary substantive appointments and rules 4 and 5 relate to all appointments in the service. Article 182 (1) of the Constitution relates to all posts whether temporary or permanent and makes it obligatory upon the Governor to make the appointments either himself or indicate other person for the purpose. The question as to who is the appointing authority cannot be left in doubt. As no other rules relating to appointments of temporary employees were pointed out, the rules under consideration must be applicable to such employees, there being nothing to the contrary in such rules. (c) Constitution of Pakistan------- ----Articles 181 (1) of 182­Appointing authority-Governor or such person as he may direct. Article 182 does not contemplate any de facto appoint­ing authority; it is either the Governor or such person as he may direct. Therefore, in the case of a Province, a valid dismissal under Article 181 can be made only either by the Governor or by a person named by him for this purpose. JUDGMENT AKHLAQUE HUSAIN, J.------The petitioner, Mirza Afzal Beg, was employed in the Public Works Department, Rehabili­tation Circle, as a temporary substantive accounts clerk. By a letter,…

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