| Case ID |
1a435905-f147-4d9e-aadd-edbb8a3f19a0 |
| Body |
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| Case Number |
Writ Petition No. 437 of 1956 |
| Decision Date |
Feb 19, 1958 |
| Hearing Date |
Sep 13, 1957 |
| Decision |
The Lahore High Court quashed the order of the Commissioner, Lahore Division, which suspended the resolution of the Corporation appointing Mahboob Ali Malik as Assessor. The court held that there was no contravention of Bye-law 10 of the Corporation's Bye-laws, as the appointment did not amount to a promotion but rather a direct appointment. The decision emphasized that the Commissioner overstepped his authority by directing the appointment of Mir Bashir Ahmad instead of merely suspending the resolution and referring it back to the Corporation for reconsideration. The court concluded that the appointment of Mahboob Ali Malik was valid and that the Commissioner acted illegally in his directive. |
| Summary |
This case revolves around the appointment of Mahboob Ali Malik as Assessor of the Lahore Corporation. The Lahore High Court was tasked with reviewing the legality of an order issued by the Commissioner of Lahore Division, which suspended the Corporation's resolution that had appointed Malik. The court evaluated several key aspects, including the interpretation of 'promotion' under the City of Lahore Corporation Bye-laws and the authority of the Commissioner under section 392 of the City of Lahore Corporation Act. The judges concluded that the appointment was valid and did not contravene the Bye-laws, as it was not a promotion but a direct appointment. This case highlights the importance of adhering to procedural requirements in municipal appointments and the limitations of the Commissioner's powers. Keywords: Lahore High Court, Writ Petition, City of Lahore Corporation, appointment legality, municipal law, administrative authority, promotion interpretation. |
| Court |
Lahore High Court
|
| Entities Involved |
City of Lahore Corporation
|
| Judges |
B. Z. Kaikaus,
Akhlaque Hussain
|
| Lawyers |
Sardar Muhammad Iqbal,
M. Inayat Ullah,
M. Mushtaq Ahmad
|
| Petitioners |
Mahboob Ali Malik
|
| Respondents |
Commissioner, Lahore Division,
Corporation of the City of Lahore,
Chief Executive Officer of the Corporation of the City of Lahore,
Mir Bashir Ahmad
|
| Citations |
1958 SLD 134,
1958 PLD 370
|
| Other Citations |
Not available
|
| Laws Involved |
City of Lahore Corporation Act (XV of 1941)
|
| Sections |
392
|