Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199(1)(a)(2) r/w. Art. 199(5)--Statutory duty--Maintainability of writ petition--Question of--Whether statutory body was a person within meaning of Art. 199(1)(a)(2) r/w Art. 199(5) of Constitution--Determination--A public authority performing public or statutory duty and carrying out its' transactions for benefit of public and not for private gain of profit. [P. 63] A Removal from Service (Special Powers) Ordinance, 2000 (XVII of 2000)-- ----Preamble & S. 10--Constitution of Pakistan, 1973, Art. 199--Fundamental right to fair trial--Right of appeal--Ultra vires of Constitution--Persons incorporation service shall have a right of appeal under Section 10 of Removal from Service (Special Powers) Ordinance, 2000 but subsequently employees were deprived of their right of appeal as same was held to be ultra vires of Constitution--Deprivation of such right of appeal would amount to judicial sanctification of all orders passed by departmental authorities awarding various penalties to employees and would also be violative of fundamental right to fair trial and due process as ordained in Art. 10-A of Constitution--Employees could invoke Art. 199 of Constitution to seek compliance of Removal from Service (Special Powers) Ordinance, 2000. [P. 64] B Constitution of Pakistan, 1973-- ----Art. 9--Right of access to justice--Fair and proper trial--Right of access to justice is a well recognized inviolable right enshrined in Art. 9 of Constitution and is equally found in doctrine of "due process of law"--Such right includes right to be treated in accordance with law, right to have a fair and proper trial and a right to have an impartial Court or Tribunal. [P. 64] C Constitution of Pakistan, 1973-- ----Art. 199--Removal from Services (Special Powers) Ordinance, (XVII of 2000), Ss. 2(b) & 3(1)--Constitutional Petition--Acts of misconduct, inefficiency and corruption--Instead of giving opportunity of personal hearing or conducting regular inquiry, major penalty of dismissed from service was imposed upon petitioner show-cause notice--Challenge to--Holding of a regular inquiry is a sine qua non when nature of allegation levelled…

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