1. AJMAL MIAN, C J.--It seems that the petitioner, who was working as Veterinary Compounder in the respondent No,1 Corporation, was removed from service by an order dated 2-8-1988. The grade of the petitioner was 8-Grade. He filed an appeal against the above order before the Mayor of Karachi, who by his order dated 31-10-1988 directed the reinstatement of the petitioner. In spite of the above order, the petitioner was not reinstated and, therefore, he filed the present petition.
2. We had issued a pre-admission notice to the respondent No,1 in response to which Mr. Muslim Naqvi alongwith Lt. (Rtd.) Majid Hussain Director Administration, is present and has shown us the relevant file, which contains an order passed by the Mayor on 26th February, 1989, stating therein that the competent authority was the .Government and, therefore, the order dated 31-10-1988 was withdrawn.
3. It seems that under Rule 10 E & D Rules, the competent appellate authority to entertain an appeal against an order passed by the Municipal Commissioner is the Government. It will be, therefore, advisable to the petitioner to approach the Government with the appeal. However, Dr. Hameed Ahmed Ayaz, learned counsel for the petitioner, has submitted that bet the petitioner was misled and, therefore, did not file the appeal in time cause of the order of the Mayor dated 31-10-1988 ordering reinstatement terms of the above rule. He, therefore, has prayed that this Court may make an observation to the effect that the delay in filing of the proposed appeal will be condoned. It will suffice to observe that the petitioner may make an application for the condonation of the delay on the above ground and the Government will consider the same and will dispose of the same in accordance with law.