Case Details

Citation(s)
2014 SLG 1256 2014 SLD 1256 2014 PLC 315
Lahore High Court
Writ Petition No.13996 of 2013, heard on 14-06-2013
SHEZADA MAZHAR, J
Mushtaq Ahmad Mohal for Petitioner. Badar Munir Malik, A.A.G. with Mumtaz Hussain Settlement Clerk, Additional District Collector Office for
Respondents.

AHTSHAMULHAQ

VS

BOARD OF GOVERNORS, DISTRICT PUBLIC SCHOOL AND COLLEGES SECRETARIAT, OKARA through Chairman and 3 others

Law:

Section:

Constitution of Pakistan---Art. 199---Constitutional petition---Civil service---Non-statutory body---Expression "person" occurring in Art.199(5) of the Constitution--- Connotation--- Constitutional jurisdiction of High Court---Scope---Order of termination from service was passed by the Board of Governors of a School---Validity---Charter of School had no statutory value and revealed that it did not fall within the definition of "person" connected with the affairs of the Federation, a Province or a local authority---Constitutional petition was dismissed being not maintainable. Muhammad Zubair Akram v. Aitcheson College, Lahore PLD 2000 Lah. 489 distinguished. JUDGMENT SHEZADA MAZHAR, J.--- The case of the petitioner is that he was appointed in District Public School and College, Depalpur District, Okara (DPS and College) on 17-12-1996. On his performance he was promoted as Lecturer Chemistry by the respondents vide letter dated 1-4-2004. The petitioner was further promoted as Assistant Professor in March, 2010. The petitioner was appointed as Controller of Examination of Board of Examination of all campuses of DPS and College, Okara on 6-9-2010. He was performing his duties as Controller of Examination when on 9-5-2012 his services were terminated by the order of District Coordination Officer/Chairman, Board of Governors (BOG), Okara. The petitioner filed representation before the Chairman, BOG who, vide order dated 1-2-2013 accepted the representation and the petitioner was re-instated on 1-2-2013. The order of the Chairman, BOG, dated 1-2-2013 was examined by the BOG in its meeting, held on 30-5-2013, wherein it was held that the DCO was not competent to review the order passed by his predecessor and therefore re-instatement in service was disapproved by the BOG unanimously. This order/decision of the BOG is challenged before this Court in the present writ petition. 2. Learned counsel for the petitioner submits that the order/decision, dated 30-5-2013, is of no legal effect and violative of principle of audi alteram partem and the same is liable to be set aside. Learned counsel submits that respondent No.1 himself admitted that remedy of appeal is not provided…
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