| Citation(s) |
|---|
| 2017 SLG 426 2017 SLD 426 2017 SCMR 571 |
Supreme Court of Pakistan
Civil Appeal No. 1313 of 2014, decision Date : 21st February, 2017, heard on: 14th December, 2016. (Against the judgment Dated 15.5.2014 of the Peshawar High Court, Peshawar passed in W.P. No. 1882-P/2013)
MIAN SAQIB NISAR, JUSTICE, MUSHIR ALAM, JUSTICE, MAQBOOL BAQAR, JUSTICE
Abdul Rahim Bhatti, Advocate Supreme Court and Abdul Rehman Khan, Advocate Supreme Court for Appellants. Syed Nayab Hassan Gardezi, Standing Counsel, M.S. Khattak, Advocate-on-Record and Abid Hussain Channa, S.O. Finance for
Respondent No. 1. Kh. Muhamm
Civil Appeal No. 1313 of 2014, decision Date : 21st February, 2017, heard on: 14th December, 2016. (Against the judgment Dated 15.5.2014 of the Peshawar High Court, Peshawar passed in W.P. No. 1882-P/2013)
MIAN SAQIB NISAR, JUSTICE, MUSHIR ALAM, JUSTICE, MAQBOOL BAQAR, JUSTICE
Abdul Rahim Bhatti, Advocate Supreme Court and Abdul Rehman Khan, Advocate Supreme Court for Appellants. Syed Nayab Hassan Gardezi, Standing Counsel, M.S. Khattak, Advocate-on-Record and Abid Hussain Channa, S.O. Finance for
Respondent No. 1. Kh. Muhamm
MUHAMMAD ZAMAN AND OTHERS
VS
GOVERNMENT OF PAKISTAN THROUGH SECRETARY, FINANCE DIVISION (REGULATION WING), ISLAMABAD AND OTHERS
Law: State Bank of Pakistan Act, 1956
Section: 54(1)
(a) State Bank of Pakistan Act (XXXIII of 1956)--- ----S. 54(1) [as amended by the State Bank of Pakistan (Amendment) Act (II of 1994)]---State Bank of Pakistan Officers (Pension-cum-Gratuity) Regulations, 1980 ("Regulations")---Scope---State Bank of Pakistan Officers (Pension-cum-Gratuity) Regulations, 1980 were instructions for the internal control or management of the State Bank of Pakistan and were therefore non-statutory---Before the amendment made to S. 54(1) of the State Bank of Pakistan Act, 1956, the Bank could only make regulations with the approval of the Federal Government, however by virtue of the State Bank of Pakistan (Amendment) Act, 1994, the words "subject to the approval of the Federal Government" were omitted---Such omission was significant, conferring greater autonomy on the Central Board of Directors of State Bank of Pakistan and the Federal Government was removed from the regulation-making process, and full authority came to vest in the Board to make such regulations---Amendment made to S. 54(1) of the State Bank of Pakistan Act, 1956, suggested that the intention of the legislature was to exclusively clothe the Bank with the power to frame regulations to carry out the objects and purpose of the Act---Appeal was dismissed accordingly. Chief Manager, State Bank of Pakistan, Lahore and another v. Muhammad Shafi 2010 SCMR 1994 ref. (b) Interpretation of Rules/Regulations--- ----Statutory or non-statutory nature, determination of---Test of whether rules/regulations were statutory or otherwise was not solely whether their framing required the approval of the Government or not, rather it was the nature and efficacy of such rules/regulations---Court had to see whether the rules/regulations dealt with instructions for internal control or management, in which case they would be non-statutory, or they were broader than and were complementary to the parent statute in matters of crucial importance, in which event they would be statutory. Shafique Ahmed Khan and others v. NESCOM through Chairman, Islamabad and others PLD 2016 SC 377 ref. THIS JUDGMENT DELIVERED BY: MIAN SAQIB NISAR, JUSTICE:---.--- This appeal with the leave of this Court is to decide…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492