Law:

Section:

(a) Constitution of Pakistan (1956), Art. 181-Government servant-(Railway employee)-Assistant Inspector, Way and Works, (P. W. R.)-Removable from Office by Divisional Engineer (a Senior Scale Officer) in accordance with Appendix "G" to Agent's Circular No. 1 of 1927 (revised 1937)-Correction slip to Circular ­Printing error does not affect validity of slip. (b) Constitution .of Pakistan (1956), Art. 181-Government servant-(Railway employee)-Assistant Way Inspector-Appoint­ing authority-Power of appointment vests, by rules, in Divisional Officers and remains intact "despite selection of suitable candidates by Headquarters Office and instructions issuing there from"-Removal of such Inspector by order of Divisional Engineer, held, not open to any legal exception-[Zafar Ali v. The State P L D 1962 S C 320 and S. Qamar Ali Shah v. The State P L D 1965 JUDGMENT S. A. RAHMAN, J.-The question raised on this appeal by special leave is whether the removal from Railway service, of the respondent, Syed Nazir Ahmad Shah, by order of the Divisional Engineer, Way and Works, was valid or not. The respondent had brought the suit, out of which this appeal arises, for a declaration that his removal was illegal and void and that he continued to be in the service of the Railway. He was an Assistant Works Inspector in the Way and Works Department of the North-Western Railway, at the relevant time. The suit was dismissed by the trial Judge, and the Court of first appeal as well as the High Court in second appeal, affirmed that order. A review petition preferred in the High Court, however, succeeded and a learned Single Judge then held that his removal, having been ordered by an authority lower than the one that had appointed him to the post, was illegal. The order was the subject of an appeal by the Federation of Pakistan, by special leave. This Court set aside the order of the learned Single Judge, and remitted the case to the High Court for being considered by a Division Bench, as was necessary under the High Court Rules and Orders. The High Court re-affirmed the decision of the learned Single Judge and from this order, the Federation has now appealed. The respondent's case was…

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