Law:

Section:

(a) National Accountability Ordinance (XVIII of 1999)--- ----Ss. 7 & 34---Constitution of Pakistan, Art.184(3)---Constitutional petition before Supreme Court under Art.184(3) of the Constitution calling in question the present state of affairs of the National Accountability Bureau with reference to exercise of some powers and performance of some functions of the Chairman, National Accountability Bureau by the Deputy Chairman, National Accountability Bureau at a time when there was no Chairman holding his office---Petitioner had assailed the legality or otherwise of the order passed by the then Chairman, National Accountability Bureau in respect of delegation of some of the powers of the Chairman to Deputy Chairman and continued exercise of such delegated powers by said Deputy Chairman despite a vacancy in the office of the Chairman---Question for consideration was whether Deputy Chairman of the National Accountability Bureau could continue to exercise the delegated powers of the Chairman, National Accountability Bureau when the delegator himself was not on the scene any more---Held, under the law of contract a delegation came to an end when the delegator vanished from the scene and an agent lost his authority to act on behalf of his principal when such principal was removed from the picture---Applicability of principles relevant to a contractual delegation was inapt in the present case because delegation of powers involved was a statutory delegation which, in an appropriate case, could survive a vacancy in the office of the delegator---If such a statutory delegation during a vacancy in the office of the delegator could be stretched to a period which was unduly protracted and indefinite and which created an irresistible impression that those responsible for filling the vacancy in the office of the delegator were not interested in filling that vacancy and were contented with running the affairs of the concerned institution or department through the delegate himself, then such an exercise may amount to committing a fraud with or upon the relevant statute---If in the garb of a statutory delegation of some of his powers by a Chairman, National Accountability…

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