Law:

Section:

(a) Punjab Local Council (Business) Rules, 1980-- ---R. 9(k)--Legal proceedings--Mode of institution--Chairman of Municipal Committee, held, would be authorized to institute legal proceedings on behalf of committee, but same would be required to be instituted in name of Municipality--Defect of institution in name of Chairman, being merely procedural, High Court ordered substitution of name of Municipal Committee for Chairman--Such substitution of name would not cause prejudice to other party consequently justifying adjudication on merit. (b) Local Councils and Municipal Committees Servants (Retirement) Rules, 1966---- ---R.4--Retirement from service--Municipality resolving twice not to retire employee before age of superannuation because of good record of such employee--Retirement having been ordered on basis of three months record without levelling specific charges--Such orders being dubbed as mala fide by appellate authority acting within limits of jurisdiction, held, could be sustained on basis of material on record. (c) Constitution of Pakistan (1973)---- ---Art. 199--:.oval Councils and Municipal Committees Servants (Retire­ment) Rules, 1966, R.4--Constitutional jurisdiction, exercise of-­Appellate authority having passed orders within scope of authority and on basis of material on record--Matter decided within jurisdiction would not render same to be without jurisdiction even if decided wrongly--Order not suffering from illegality or jurisdictional defect, would not be interfered with in constitutional jurisdiction. Izhar-ul-Haq for Petitioner .A. Karim Malik for Respondent No.2. Date of hearing: 29th October, 1985. JUDGMENT This judgment shall dispose of writ petitions Nos.3728 and 3729, both of 1984, as common questions of law and facts are raised therein. It shall, however, remain on the file of writ petition No.3728/84. 2. The facts are that Abdul Hameed and Mehr Walayat Ali, respondents in writ petitions No.3728/84 and 3729/84, were employed as Octrol Moharrir and Octroi Inspector, respectively, with the Municipal Committee, Toba Tek Singh and vide two independent orders dated 26-10-1982 passed under Rule 4 (1) of the Local Councils and Municipal…

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