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Writ Petition No. 59 of 1971, decided on 22nd March 1975.

----S. 24 read with Karachi Port Trust Rules, IT. 18 & 18‑A‑Com pulsory retirement of superior officer of Port Trust---Acceptance or non‑acceptance of recommendations in Enquiry Report by Chair man of Trust‑Amounts to an order within meaning of S. 24--- Section aims at protection of Central Government's interests‑Plain meaning of section requiring previous approval of Central Govern ment in case of every order made by Board in respect of officers holding posts in scale maximum of which is not less than Rs. 700 ----Has to be given effect to‑Question of convenience‑Not relevant-- Sanction of Central Government given only to petitioner's suspension and to holding of inquiry‑Further steps after submission of Enquiry Report ‑Needed sanction of Central Government‑Order of com pulsory retirement passed without previous approval of Central Government‑Held, illegal.

‑‑‑ Art. 98 read with Karachi Port Trust Act (VI of 1886), S. 24‑Writ petition, admissibility of‑Master and servant, rule of‑Petitioner not claiming to be a Government servant nor seeking constitutional protection given by Constitution to Government servants but claiming his compulsory retirement to be in breach of mandatory provisions of flaw and relevant rules‑Position analogous to service matters of Government servants having benefit of constitutional guarantees.

----S. 24‑Constitution of Pakistan (1962), Art. 98‑Writ‑Master and servant, law of‑Based on principle of freedom of contract‑Freedom of contract‑Not available in case of higher officers of Trust‑Trust not competent to retire such officers without Central Government's approval‑Rights of parties, in circumstances, could not be said to be :governed exclusively by law of master and servant‑Remedy of writ, held, available to responsible officers of local authority managing great harbour, collecting rates, tolls etc. and framing bye‑laws.

Abdul Salam v. The Chairman, Water & Power Development Authority 1970 S C M R 40 ; Shahid Khalil v. The Pakistan International Airlines Corporation 1971 S C M R 568 ; The Chairman, East Pakistan Industrial Development Corporation, Dacca and another v. Rustam Ali and others P L D 1966 S C 848 ; Syed Zahir Hasan Rizvi v. The Agricultural Development Bank of Pakistan and another Constitutional Petition No. 306 of 1973 ; .R. T. H. Janjua v. Die National Shipping Corporation P L D 1974 S C 146 ; The Lahore Central Co‑operative Bank Ltd. v. Pir Saif Ullah Shah P L D 1959 S C (Pak.) 210 ; The Managing Committee of Co‑operative Model Town Society Ltd v. Kh. Muhammad Iqbal P L D 1963 S C 179 ; Dr. Abdul Hafeez v. The Chairman, Municipal Corporation, Lahore P L D 1967 Lah. 1251 and Maqbool Illahi v. Abdul Rehman Khan P L D 1960 S C 266 distinguished:

R. T. H. Janjua v. The National Shipping Corporation P L D 1974 S C 146; 'The Lahore Central Co‑operative Bank Ltd. v. Pir Saif Ullah Shah P L D 1959 'S C (Pak.) 210 ; The Managing Committee of Co‑operative Model Town Society Ltd. v. Kh. Muhammad Iqbal P L D 1963 S C 179 ; Dr. Abdul Hafeez v. The Chairman, Municipal Corporation, Lahore P L D 1967 Lah. 1251: Maqbool Ilahi v. Abdul Rehman Khan P L D 1960 S C 266 ; Darley v. The Queen ‑8 E R 520 ; Rex v. Speyer (1916) 1 K B 595 and Salahuddin and 2 others v. The Frontier Sugar Mills and Distillery Ltd. P L D 1975 S C 244 ref.

Kamal Azfar for Petitioner.

A. A. Fazeel for Respondent No. 1.

Respondents Nos. 2 and 3 (absent).

Dates of hearing : 7th and 8th May 1975.

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