Case Details

Citation(s)
2023 SLG 2002 2023 804 2023 SLD 2002
Lahore High Court
Writ Petition No.433 and C.M. No.5 of 2023, decided on 14th March, 2023.
Before Shams Mehmood Mirza, J
Adnan Ahmad Khawaja for Petitioner. Haris Azmat for
Respondent. Maqsood Sadiq Tullah, Deputy Director Legal RUDA.

ABDUL HASEEB KHAN

VERSUS

RAVI URBAN DEVELOPMENT AUTHORITY and others

Law: Ravi Urban Development Authority Act, 2020

Section: 9,11,12

(a) Ravi Urban Development Authority Act (XVII of 2020)--- ----Ss. 9, 11 12---Powers of Chief Executive Officer---Appointment of employees---Termination from service---Scope---Petitioner assailed the termination of his contract of employment---Contention of petitioner was that the Chief Executive Officer had no authority to terminate his service; that the Board, under S.9(6) of Ravi Urban Development Authority Act, 2020, had not delegated its power to Chief Executive Officer and that under S.12, only the Authority could remove him from service---Validity---Employment contract of the petitioner was signed by the Chief Executive Officer---Power for appointment of petitioner was also exercised by the Chief Executive Officer under S.11 by virtue of the delegation of powers and functions conferred on him under subsection (6) of S.9---By the same token, Chief Executive Officer by recourse to subsection (6) of S.9 was empowered to pass the order for termination of the services of the petitioner---Ravi Urban Development Authority Act, 2020, had assigned the powers and functions of the Authority and its Board to the Chief Executive Officer who in exercise of that power had terminated the service contract of the petitioner---Said power under the scheme of the Act was validly exercised by the Chief Executive Officer to which no exception could be taken---Writ petition was dismissed. Pakistan Electric Power Company v. Syed Salahuddin and others 2022 SCMR 1991 and Sui Southern Gas Company Limited and others v. Saeed Ahmad Khoso and another 2022 SCMR 1256 ref. House Building Finance Corporation v. Inayatullah Shaikh 1999 SCMR 311 distinguished. (b) Ravi Urban Development Authority Act (XVII of 2020)--- ----S.9---Powers of Chief Executive Officer---Scope---Subsection (6) of S.9 contemplates delegation of all powers and functions of the Authority and the Board onto the Chief Executive Officer---Said provision confers on the Chief Executive Officer the legal capacity to exercise the powers and functions of the Authority and its Board without there being the need for any formal instrument of delegation---Subsection (6) of S.9 is an express provision establishing the existence of…
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