Case Details

Citation(s)
2015 SLG 975 2015 SLD 975 2015 CLC 1797
Islamabad High Court
Intra-Court Appeal No. 156 of 2015, decided on 13th April, 2015. Date of hearing: 13th April, 2015.
ATHAR MINALLAH AND AAMER FAROOQ, JJ
Afnan Karim Kundi, Additional Attorney-General and Jehangir Khan Jadoon Standing Counsel for Appellants. Babar Sattar and M. Nazir Malik, Director (Law) M/o P&NR for
Respondents.

FEDERATION OF PAKISTAN and another

VS

SAEED AHMED KHAN and others

Law:

Section:

Oil and Gas Regulatory Authority Ordinance (XVII of 2002)--- ----S. 3---General Clauses Act (X of 1897), S.24-A---Law Reforms Ordinance (XII of 1972), S.3---Intra-court appeal---Chairman Oil and Gas Regulatory Authority----Forced leave---Federal Government, jurisdiction of---Federal Government issued a notification sending Chairman OGRA, on forced leave---Single Judge of High Court, in exercise of constitutional jurisdiction, set aside the notification, declaring same to be without lawful authority---Validity---If Federal Government wished to send the Chairman on forced leave or suspend the incumbent, the same procedure was to be adopted i.e. application to such effect had to be moved to Federal Public Service Commission and only on its recommendation Federal Government could exercise the power---Order of suspension of forced leave was interim in nature, therefore, there was no requirement for any inquiry to be held in such behalf---Federal Public Service Commission while recommending suspension or declining the same had to give reasons for its opinion as provided in S.24-A of General Clauses Act, 1897---Oil and Gas Regulatory Authority was an independent body and was a regulator, therefore, sanctity of its independence had to be kept in view---No provision existed for appointing any person on acting or current charge basis except as provided in S.3(13) of Oil and Gas Regulatory Authority Ordinance, 2002---Division Bench of High Court declined to interfere in passed by Single Judge of High Court---Intra-court appeal was dismissed in circumstances. Bhup Narayan Jha v. State of Bihar and others (1985 ILLJ 49 Patna) and Prof. Ram Avtar Yadav v. Union of India and another (W.P.(C) No.2075/2010; Muhammad Yasin v. Federation of Pakistan and others PLD 2012 SC 132 and Chief Justice of Pakistan Mr. Justice Iftikhar Muhammad Chaudhry v. The President of Pakistan through the Secretary and others PLD 2007 SC 578 ref. JUDGMENT AAMER FAROOQ, J.--- The present appeal is directed against the judgment dated 10-3-2015 passed by the learned Single Judge in Chamber in Writ Petition No.485 of 2015 whereby the Constitutional petition filed by respondent No.1 was accepted and…
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