| Citation(s) |
|---|
| 1981 SLG 3039 = 1981 SLD 3039 = 1981 SCMR 74 |
Supreme Court of Pakistan
Civil Appeal No. 15 of 1972, decided on 18th April 1974. (On appeal from judgment and order of Lahore High Court, made on 12-2-1970 in W. P. No. 284/1970).
Presented By: Muhammad Yaqub Ali, Waheeduddin Ahmad and Anwarul Haq, JJ
Munir Ahmad, Advocate instructed by Tanvir Ahmad, Advocate-on -Record for Appellant. Ijaz Hussain Batalvi, Senior Advocate instructed by M. A. Rahman, Advocate-on-Record for
Respondent No. 1. Kamal Mustafa Bokhari, Additional Advocate-General instructed by Ijaz Ali, Advocate-on-Record for
Respondent No. 2.
Civil Appeal No. 15 of 1972, decided on 18th April 1974. (On appeal from judgment and order of Lahore High Court, made on 12-2-1970 in W. P. No. 284/1970).
Presented By: Muhammad Yaqub Ali, Waheeduddin Ahmad and Anwarul Haq, JJ
Munir Ahmad, Advocate instructed by Tanvir Ahmad, Advocate-on -Record for Appellant. Ijaz Hussain Batalvi, Senior Advocate instructed by M. A. Rahman, Advocate-on-Record for
Respondent No. 1. Kamal Mustafa Bokhari, Additional Advocate-General instructed by Ijaz Ali, Advocate-on-Record for
Respondent No. 2.
M. U. A. KHAN-Appellant
VERSUS
M. SULTAN AND ANOTHER-Respondents
Law: Constitution of Pakistan, 1962
Section: 98
Law: Mines Act, 1923
Section: 4(1), 29(a)
(a) Constitution of Pakistan (1962) Art. 98 Ma), (b) & (O-Writ petition-Maintainability-Aggrieved person-Matters contemplated by sub-cl. (b) of Art. 98 being of public importance and interest, their being brought to notice of Court, held, enough and not necessary for petitioner to be an aggrieved person-Office of Chief Inspector of Mines being a statutory office created by State tinder Mines Act, 1923 and duties and functions of such office also being of a public nature, petition instituted by appellant, held further, maintainable under Art. 98 (2). (b) Mines Act (IV of 1923) S. 4(1) and West Pakistan Inspectorate of Mines (Gazetted Posts) Recruitment Rules, 1968-Appointment of Chief Inspector of Mines -Validity-Appellant's challenge to validity of Rules if accepted legal position emerging as there being no rules in existence at time of making appointment and all what S. 4(l) necessitated in circumstance being for Provincial Government to appoint a duly qualified person Respondent holding a degree in Mining Engineering from Punjab University, a post graduate degree in same subject from Stanford University, California, U. S. A. and having more than 10 years experience in Mining Industry, held, properly and validly appointed as Chief Inspector of Mines in terms of Statute. (c) Mines Act (IV of 1923) Ss. 4(1) & 29(a)-Rules, failure to frame-Delegation of authority Power to frame rules conferred by statute-Generally in nature of an enabling provision, intended to further object of statute and not obstruct or stultify same-Failure or omission of designated authority to frame rules and regulations in exercise of power conferred on it by Legislature-Cannot be construed as having effect of rendering Statute nugatory and unworkable. (d) Mines Act (IV of 1923) Ss. 4(1) & 29(a)--Appointment-Validity-Section 4(1) not containing any stipulation directing to appoint a person qualified in accordance with regulations made under S. 29(a) but merely contemplating appointment of a "duly qualified person" to be Chief Inspector of Mines, effect to be given to command of Legislature even without framing of regulations under S. 29(a)-Failure of…