Case Details

Citation(s)
2017 SLG 1389 2017 SLD 1389 2017 PLC 613
Lahore High Court
C.P. No. D-4160 of 2015, 06/10/2016
AYESHA A. MALIK, JUSTICE, JAWAD HASSAN, JUSTICE

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GOVERNMENT OF PUNJAB AND OTHERS

VS

WAQAS ASHRAF

Law:

Section:

2017 P L C (C.S.) 613 LAHORE HIGH COURT I.C.A. No.886 of 2009, decision dated: 12-01-2017. PRESENT: AYESHA A. MALIK, JUSTICE JAWAD HASSAN, JUSTICE PETITIONER(S): GOVERNMENT OF PUNJAB AND OTHERS VS RESPONDENT(S): WAQAS ASHRAF Petitioner(s) by: Ch. Faisal Zafar Ch. Sultan Mahmood, AAG with Irshad Ali, Litigation Officer, Agricultural Department. Respondent(s) by: Nemo Punjab Agricultural Produce Markets Ordinance (XXIII of 1978)--- ----S. 33---Administrator Market Committee---Removal from office---Petitioner was removed from office of Administrator Market Committee and District Officer Agriculture (Extension) was nominated as Administrator---Constitutional petition filed by the petitioner was allowed by Single Judge of High Court---Validity---Funds of Market Committee were frozen when petitioner was appointed as Administrator and same could only be utilized or released with the approval of the Government---Notification for appointment of petitioner was an interim arrangement till the constitution of Market Committee---Constitutional petition was not maintainable as petitioner did not have any vested right on the basis of which he could claim his entitlement to hold office of Administrator---Government, in pursuance of policy and in the public interest had removed all Administrators who were private persons and brought the office of Administrative under the control of Agricultural Department---Impugned passed by the Single Judge was set aside---Intra court appeal was allowed in circumstances. Mian Tajammal Hussain and 7 others v. Province of Punjab through Secretary, Agriculture Department 1990 MLD 570 ref. THIS ORDER PASSED BY: AYESHA A. MALIK, JUSTICE---.--- The Appellants are aggrieved by the dated 16.10.2009 passed by learned Single Judge in W.P. No.11117/2008 on the ground that interpretation given to the exercise of authority under Section 33 of the Punjab Agricultural Produce Markets Ordinance, 1978 ("Ordinance") is contrary to the law. 2. The basic facts of the case are that the Respondent was appointed as Administrator, Market Committee, Gujrat on 19.11.2005 until the constitution of a new Market Committee. He continued to work as Administrator until the…
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