P L D 1967 Lahore 964 (PLP)

INAMULLAH KHAN, C. J.‑This is a petition under Article 98 of the Constitution. The facts giving rise to the present petition briefly put are these.

2. The petitioner was an employee of the Municipal Committee, Lyallpur. He was serving as sardarakati and thereafter appointed temporarily as Garden Superintendent on the 27th of April 1959. On the 12th of December 1963, the Chairman, Municipal Committee, Lyallpur, appointed him permanently as Garden Superintendent. Head Mali Ali Muhammad, respondent No. 1, filed an appeal against that order to the Commissioner. The appeal was dismissed. Thereafter, Ali Muhammad approached the Government. It set aside the order of the Chairman, Municipal Committee and appointed Ali Muhammad as Garden Superintendent.

3. The only point that requires consideration is as to whether the Government had any appellate or revisional jurisdiction so as to set aside the order passed by the Chairman, Municipal Committee. The learned Advocate appearing for the State relied on section 110 of the Municipal Administration Ordinance, 1960. Under that section certain provisions of Articles 73, 75, 76, 77 and 79 in Chapter 11 of Part 5 of the Order (Basic Democracies Order) had been made applicable to Municipal Committees, as they applied to Local Councils as if those provisions had been enacted in Municipal Administration Ordinance, 1960. The learned Advocate makes a reference to Article 73 of Basic Democracies Order. Under that provision the Government has been given power of supervision and control over Local Councils. The submission is that the Government has power to supervise and control the Municipalities. The distinction has, however, to be made between control ands supervision on the one hand, and appellate power and revisional power on the other hand. The power of appeal and revision cannot be impliedly inferred from the power to control and supervise activities of the Municipal Committee. We are of the view that Article 73 relied upon does not confer any appellate or revisional power on the Government. The next question is as to whether under section 119 of the Ordinance any rules have been framed so as to confer any appellate or revisional power on the Government. Under section 119 any person aggrieved by an order passed by a Municipal Committee or its Chairman or Vice‑Chairman in pursuance of this Ordinance or the rules or bye‑laws, may, appeal to such authority, in such manner and within such period as may be prescribed. "Prescribed" has been defined under section 3 (32) to mean "prescribed by the rules". It is conceded that no rules have been framed so as to give appellate power to the Government.

4. In these circumstances, we would declare that the order passed by the Government, whereby it appointed Ali Muhammad as Garden Superintendent in place of the petitioner, is without lawful authority and of no legal effect. The order passed by the Chairman, Municipal Committee remains effective. There will be no order as to costs. K. B. A. Petition accepted.