- (1.) IN order to appreciate the points which we are called upon to determine in Civil miscellaneous No. 747 of 1950 the facts, so far as material, may be set out in some detail.
(2.) UNDER the provisions of Sub-section (9) of Section 3 of the Punjab Municipal (Executive officer) Act, 1931, hereinafter referred to as the Act, the Punjab Government appointed 'shri' mangal Sain as Executive Officer, Municipal Committee, Ambala City, with effect from the date that 'shri' Mangal Sain assumed charge of that office. Sub-section (9) of Section 3 of the Act reads: "3 (9) Whenever an Executive Officer dies, resigns or is removed the Committee shall, within three months of his death, resignation or removal, appoint another person to be Executive Officer in the manner provided in Sub-sections (1) to (3), and if the Committee fails to appoint such a person within such period the State Government may appoint such a person in the manner provided in Sub-section (4): "
(3.) SHRI Mangal Sain assumed charge of office on the 21st of January, 1949 (forenoon ).;