Law: Constitution of Pakistan, 1956

Section: Art. 170

(a) Natural justice-------   ----Hearing of appeal by person responsible for passing order appealed from-Against natural justice-[Chair man, Screening Committee also acting as appellate authority] [Public Conduct (Scrutiny) Rules, 1959, r. 6].   (b) West Pakistan Road Transport Board Rules, 1957-----   ----r. 13 (Delegation of powers by Board)-Rule not ultra vires-Board can delegate only its own powers vested in it by rules-[Anwar Ali Shah v. Fiayaz Ali P L D 1962 Lah. 483 wrongly decided and Writ Petition No. 934 of 1957 ref.   (c) West Pakistan Road Transport Board Rules, 1957-------   ----r. 13 read with rr. 7 (v), 9, 11-Rule 7 (v) no bar to delegation by the Board, of powers of appointment, dismissal, etc. to Chairman under r. 13-Powers of Board not restricted to those mentioned in rr. 9, 11-Delegation of powers may be necessitated by consideration of "efficient carrying of day to day administration" within meaning of r. 13.   (d) Writ Delayed petition-------   -- (Against order of Screening Committee)-Petition filed, taking advantage of Supreme Court having taken a different (and favourable) view, in regard to entertainment of such petition, from that taken earlier-Delay of 2 years condoned-Precedents-Change of view-Constitution of Pakistan (1956), Art. 170. JUDGMENT   SARDAR MUHAMMAD IQBAL, J.-The order in this petition will cover seven other writ petitions in which a similar point is involved.   Mubarik Ali was appointed a cleaner in the employ of the Road Transport Board atLyallpur in 1955, the appointment having been made by Mr. Fayyaz Ali Khan respondent, District Manager. Later he became a conductor. On the 11th of Septem ber 1959, he received a notice of screening for unsatisfactory service, and the Screening Committee recommended him for removal. At the same time, according to the rules, he received a notice informing him that he could appeal to the District Manager. He did so but was removed from service by the District Manager on the 25th of September 1959.   Rule 6 of the Public Conduct Scrutiny Rules, 1959, requires that an appeal from therecommendation of the Screen ing Committee…