Law:

Section:

(a) Public Conduct (Scrutiny) Ordinance (III of 1959)--------- S. 3-Punjab Municipal Act (III of 1911), Ss. 231, 232 & 233---Employees of Municipal Committees-Powers of Central Government to constitute or direct to be constituted, one or more screening committees -- Procedure - Duty of Provincial Government - No powers were delegated by Central Government to Provincial Government to authorise Deputy Commissioner to constitute screening committee-Central Government had not regarded Deputy. Commissioners as Heads of smaller Municipal Corporations-Order of Provincial Government empowering Deputy Commissioner to constitute screening committee, held, was beyond powers of Provincial Government. The Central Government in pursuance of the provisions of S. 3 had not at any stage delegated its power to appoint Screening Committee to the Deputy Commissioner. No such order or direction of the Central Government were shown or available in record. Nor is there anything to show that action of the Provincial Government in giving authority to Deputy Commissioner to constitute Screening Committee was subsequently rectified by the Central Government. It may be that the intention of the Provincial Government was to give greater security to the officers of smaller corporations. But the fact remains that no such mandate was given by the Central Government. The tenor of section 3 of the Ordinance makes it plain that the Screening Committee is to be constituted in accordance with the directions of the Central Government. The Central Government entrusted the power of constituting the Screening Committees to the Heads of the Statutory Bodies. The Provincial Government, there­fore, could not invest itself with powers beyond that conferred by the Central Government. The duty was clearly cast on them to exercise the power conferred upon them in accordance with the direction of the Central Government. The order of the Provincial Government empower­ing the Deputy Commissioner to constitute Screening Committees, therefore, was beyond its power. Deputy Commissioners were not regarded by the Central Government as heads of the smaller corporations. It is not correct to say that simply because…

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