1969 PLP 951 (SCMR)

Nemo for Respondent. Date of hearing : 23rd October 1967. HAMOODUR RAHMAN, J.‑This is a petition by the Secretary to the Government of West Pakistan, Communication and Works Department, Lahore, for special leave to appeal from the judgment and order of a Division Bench of the High Court of West Pakistan, Lahore, setting aside, an order of the Government terminating the services of the respondent with immediate effect. The main ground upon which the High Court quashed the above‑mentioned order was that the Governor having previously ordered the re‑instatement of the respondent on 26‑3‑63 that order could not be subsequently withdrawn by the Secretary to the Government, as he had purported to do on the 19th of May 1964, by the impugned order. It is now urged that the High Court has fallen into error in taking the view that the previous order directing re‑instatement of the respondent was an order of the Governor. Actually what had happened was that the respondent, whose removal from service had been recommended by the Provincial Town Planner, made a representation to the Government. This was treated as an appeal and disposed of by the Secretary who dismissed the appeal. Against this order the respondent made a further representa tion to the Minister in charge of the department. The latter after causing an enquiry to be made differed with the Secretary as to the punishment imposed upon the respondent and directed that he should be given a lesser punishment and re‑instated in service. This order of re‑instatement was issued on the 26th of March, 1963, without making a reference to the Governor, as was required to be done under the rules of business of the Government whenever there was a difference of opinion between the Secretary and the Minister. By reason of this illegality the matter was again brought to the Council of Ministers which was presided over by the Governor himself and it was decided that the order of the appointing authority as confirmed by the Secretary removing the respondent from service should be restored. A copy of the minutes of the meeting of the Council of Ministers held on the 2nd September 1963, has also now been filed which supports the contention advanced on behalf of the petitioners. The question, therefore, arises as to whether the High Court was right in quashing the impugned order which had been made in implementation of the decision of the Council of Ministers. This raises a substantial question of law which, in our opinion, needs examination. Leave is accordingly, granted as prayed for. The appeal should be made ready as early as possible and by posted for hearing after the return of the Court from Dacca. The prayer for staying the operation of the High Court's order is, however, rejected, as there is nothing on the record to show that the respondent is taking any steps to have that order executed. Leave granted.