MUHAMMAD ALI vs COMMISSIONER, LAHORE DIVISION, LAHORE AND OTHERS — 1957 PLD 1060

Citation: 1957 PLD 1060

Court: Supreme Court of Pakistan

Year: 1962

Decision Date: 1962-04-09

Parties: MUHAMMAD ALI vs COMMISSIONER, LAHORE DIVISION, LAHORE AND OTHERS

Headnotes

Case cited as PLD 1957 Lah 1060

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Fazal-e-Akbar, Dr. Sheikh Abdul Rahman, B. Z. Kaikaus Title: MUHAMMAD ALI vs COMMISSIONER, LAHORE DIVISION, LAHORE AND OTHERS Case No.: Civil Appeal No, 61 of 1961 Writ Petition No, 557 of 1959 Date of Judgment:1962-04-09 Reported As: PLD 1986 Supreme Court 60 Result: Appeal accepted JUDGMENT JUDGMENT ' FAZLE AKBAR, J.-This is a certified appeal from the judgment of the High Court of West Pakistan at Lahore dismissing an application for a writ. Mirza Muhammad Ali, Secretary, Municipal Committee, Kamoke, in the District of Gujranwala, was removed from his post for unsatisfactory service. The order was passed on the recommendation of the Screening Committee appointed under the Public Conduct (Scrutiny) Ordinance,. 1959, and after considering the appellant's appeal against findings of the Committee. He then moved the High Court for a writ or a direction to quash the various orders passed in connection with his removal from service on several grounds, but his application was dismissed by the High Court. ' In order to appreciate the points raised in this appeal, it will be necessary to state the law and the relevant facts. A brief history of the legislation is given in the judgment of this Court in Muhammad Zaman Khan v. M. B. Nishat (1), in these words :- "Ordinance III of 1959 was promulgated by the President, in pursuance of the proclamation of the Seventh Day of October, 1958 and in exercise of all powers…

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