Municipal employees do not hold civil posts under the State within the meaning of Article 311 of the Constitution of India.

Harnam Singh, J.

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).

4. Under Sub-section (7) of Section 3 of the Act the State Government ordered on the 4th of December, 1950, the removal of Shri Mangal Sain from the office of Executive Officer of the Municipal Committee, Ambala City. Sub-section (7) of Section 3 of the Act reads:

"3 (7) The Executive Officer may at any time be suspended or removed from office by the State Government, and shall be so suspended or removed if at a meeting of the Committee convened to consider the question of his suspension or removal not less than five-eighths of the total number of members constituting the Committee for the time being vote in favour of his suspension or removal, and it the Executive Officer is suspended the Committee shall appoint some person with the approval of the State Government to officiate as Executive Officer."

5. On the 19th of December, 1950, Shri Mangal Sain applied for writs of certiorari, prohibition and certain other reliefs under Article 226 of the Constitution of India alleging that the order passed by the Punjab Government on the 4th of December, 1950, removing him from the office of Executive Officer, Municipal Committee, Ambala City, contravenes the mandatory provisions of Article 311 of the Con- stitution of India inasmuch as he has not been given reasonable opportunity to show cause against his removal from that office.

6. Upon the application of Shri Mangal , Sain the learned Chief Justice ordered on the 20th of December, 1950: Rule. Fix next week. Interim order of Committee not to make appointment in meanwhile."

7. On the 23rd of April, 1951, Shri Mangal Sain applied for permission to amend the application by substituting the word mandamus for the word certiorari in the heading and paragraph No. 15 of the application and in arguing the case counsel for the parties have treated the application as if it were an application for mandamus and other reliefs.

8. In these proceedings it is not disputed that a writ of mandamus lies to compel the restoration of a person to an office of which he has been wrongfully dispossessed provided such office is of a public nature. Indeed, the rule of law is firmly established that if public officials fail to perform any public duty of which they have been charged, a writ of mandamus will lie to compel them to carry out that duty. On this point paras. Nos. 1271 and 1281, Halsburys Laws of England, Volume 9 (second edition), may be seen.

9. As stated above, Shri Mangal Sain applicant maintains that the order passed by the State Government on the 4th of December* 1950, removing him from the office of Executive Officer, Municipal Committee, Ambala City, contravenes the mandatory provisions of Article 311 of the Constitution of India inasmuch as he has not been given reasonable opportunity to show cause against his removal from that office. Relevant provisions of Article 311 read:

"311 (1) No person who is a member of a civil service of the Union o