Law: Balochistan Revenue Authority Act, 2015

Section: 3

Balochistan Revenue Authority Act (VII of 2015)--- ----S.3---Chairperson of the Balochistan Revenue Authority---Appointment and terms and conditions of service of Chairperson Balochistan Revenue Authority---Disciplinary proceedings and removal from service of the Chairperson---Scope---Petitioner, who was Chairperson Balochistan Revenue Authority, impugned notification whereby major penalty of dismissal from service was imposed upon him, inter alia, on ground that same was without jurisdiction and issued with mala fide---Validity----Action against petitioner was taken in accordance with Government officers service rules as there existed no service rules for Chairperson Balochistan Revenue Authority---Provincial Chief Minister was competent authority to take disciplinary action against civil servants, and inquiry against petitioner was conducted by Provincial Chief Secretary---Authority which was competent to approve appointment of any person for a specific position was equally competent to approve removal of such person from service---Impugned notification was therefore competently issued on recommendations of Provincial Chief Secretary by the Provincial Chief Minister---Constitutional petition was dismissed, in circumstances. EIAC v. Shaista Naheed 2004 SCMR 316; 2004 SCMR 1662; 2008 SCMR 1369; 2010 SCMR 1546 and 2019 SCMR 640 ref. JUDGMENT JAMAL KHAN MANDOKHAIL, C.J.--- Background of the case is that after the 18th Amendment in the Constitution, the General Sales Tax upon services has devolved upon the Provinces, consequently, the Balochistan Revenue Authority Act, 2015 (the Act) was promulgated, pursuant to which, the Balochistan Revenue Authority (the BRA) was to be established, consisting upon its Chairperson and member, to be appointed, as per the procedure provided by the Act. Consequently, the Government of Balochistan, through an advertisement in daily newspapers, invited applications for the appointment of the Chairperson of the BRA. The petitioner along with others applied for the post, where-after he was recommended by the Committee. In this behalf, an offer of appointment dated 22nd August 2017, containing terms and conditions for the service was…

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