| Citation(s) |
|---|
| 2017 SLG 48 2017 SLD 48 2017 SCMR 1979 |
Supreme Court of Pakistan
Civil Appeals Nos. 1132 and 1133 of 2014, decision Dated: 12-09-2017, Hearing Date : 07-07-2017 (On appeal from the judgment Dated 06.03.2014 of the Peshawar High Court, Peshawar passed in W.Ps. Nos. 3210 and 3437 of 2012)
EJAZ AFZAL KHAN, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE
Tanvir-ul-Islam, Advocate Supreme Court, Syed Rifaqat Hussain Shah, Advocate-on-Record and Usman Yousaf Mobeen, Chairman, NADRA for Appellants (in both cases). Shoaib Shaheen, Advocate Supreme Court and Ijaz Khan Sabi, Advocate Supreme Court for Responde
Civil Appeals Nos. 1132 and 1133 of 2014, decision Dated: 12-09-2017, Hearing Date : 07-07-2017 (On appeal from the judgment Dated 06.03.2014 of the Peshawar High Court, Peshawar passed in W.Ps. Nos. 3210 and 3437 of 2012)
EJAZ AFZAL KHAN, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, QAZI FAEZ ISA, JUSTICE
Tanvir-ul-Islam, Advocate Supreme Court, Syed Rifaqat Hussain Shah, Advocate-on-Record and Usman Yousaf Mobeen, Chairman, NADRA for Appellants (in both cases). Shoaib Shaheen, Advocate Supreme Court and Ijaz Khan Sabi, Advocate Supreme Court for Responde
CHAIRMAN NADRA, ISLAMABAD, THROUGH CHAIRMAN, ISLAMABAD & ANOTHER
VS
MUHAMMAD ALI SHAH & OTHERS
Law: National Database and Registration Authority Ordinance, 2000
Section: 4,35,37,45
Law: Constitution of Pakistan, 1973
Section: 199
(a) National Database and Registration Authority Ordinance (VIII of 2000)--.-- --.---S. 35--.--National Database and Registration Authority Employees (Service) Regulations, 2002--.--Contractual employees of National Database and Registration Authority ("the Authority")--.--Regularization in service--.--Competent authority--.--Neither the Interior Minister nor the Ministry of Interior had the legal authority to order regularization of contractual employees of the Authority--.--Authority was a statutory body and was governed by the terms of the National Database and Registration Authority Ordinance, 2000, which did not permit either the Interior Minister or the Ministry of Interior to issue an order or notification of regularization of contractual employees. (b) National Database and Registration Authority Ordinance (VIII of 2000)--.-- --.---Ss. 4 35--.--National Database and Registration Authority Employees (Service) Regulations, 2002--.--Contractual employees of National Database and Registration Authority ("the Authority")--.--Regularization in service--.--Meeting of the 'Authority' in terms of S. 4 of the National Database and Registration Authority Ordinance--.--Scope--.--Contractual employees contended that the terms for regularization in service offered to them were not in accordance with the decision which had been taken in the meeting of the Authority held under the Chairmanship of the Interior Minister, and they were not offered what was decided to be granted to them as per the decision arrived at in the said meeting--.--Validity--.--Minutes of the meeting did not state that it was a meeting of the Authority, let alone a meeting as envisaged under S. 4 of the National Database and Registration Authority Ordinance, 2000--.--In particular the minutes of the meeting did not state that it was a meeting of the Authority; did not record the members present at such meeting, nor whether the requisite quorum for a meeting of the Authority was present; did not mention that the necessary notices for holding a meeting of the Authority were issued, and did not record the "determination or decision of the Chairman and each member separately"--.--Appeal was allowed…
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