| Citation(s) |
|---|
| 1981 SLG 3126 = 1981 SLD 3126 = 1981 PLC 277 |
Lahore High Court
Intra-Court Appeal No. 115 of 1980, decided on 25th February 1981.
Presented By: Shameem Hussain Kadri, Actg. C. J. and Muhammad Rafiq Tarrar, J.
Wasim Sajjad assisted by Ali Sibtain Fazli for Appellant. Ismail Bhatti for
Respondent.
Intra-Court Appeal No. 115 of 1980, decided on 25th February 1981.
Presented By: Shameem Hussain Kadri, Actg. C. J. and Muhammad Rafiq Tarrar, J.
Wasim Sajjad assisted by Ali Sibtain Fazli for Appellant. Ismail Bhatti for
Respondent.
SAMIUDDIN QURESHI
VERSUS
FINANCE MEMBER, RAILWAY BOARD, LAHORE
Law: Government of India Act, 1935
Section: 241
Law: Constitution of Pakistan, 1956
Section: 224
Law: Constitution of Pakistan, 1973
Section: 268(7), 199
Law: Railways Act (IX of 1890)
Section: 11
Law: Civil Servants Act, 1973
Section: 4
(a) Pakistan Railway Establishment Code, 1952 And Pakistan Railway Code for Accounts Department (1953) read with Government of India Act, 1935, Art. 241; Constitution of Pakistan (1956), Art. 224; Constitution of Pakistan (1962), Art. 224 and Constitution of Pakistan (1973), Art, 268(7)-Railway Establish ment Codes for Establishment and Accounts dealing with sales, etc. framed from time to time-Held, existing laws. (b) Constitution of Pakistan (1973) Art. 199 read with Railways Act (IX of 1890), Transfer of Railways Order [P. O. 33 of 1962], para, 11; Pakistan Railway Board Organization Order No. 1, para. 7(7), Civil Servants Act (LXXI of 1973), S. 4 and Pakistan Railway Establishment Code, Vol. II, Chap. XX- Compulsory retirement of Railway servant-Competent authority for passing order of retirement of Accountant (N. P. S. 16)-Held, Financial Adviser and Chief Accounts Officer, Pakistan Railways and not Finance Member-- Order passed by Finance Member-Held, void ab initio, without jurisdiction and coram non judice-Appeal to Service Tribunal not competent in such case-Held, jurisdiction under Art. 199 of Constitu tion not ousted, in circumstances of case. Secretary, Government of Punjab, Food & Co-operation Department v. Shamoon Bahadur P L D 1979 S C 835 distinguished. Mian Amanul Mulk v. N. W. F. P. through Chief Secretary P L D 1981 Pesh. 1 and M. Yamin Qureshi v. Islamic Republic of Pakistan P L D 1980 S C 22 rel. Dates of hearing: 14th and 15th February 1981. JUDGMENT SHAMEEM HUSSAIN KADRI, ACTG. C. J.-This Intra-Court Appeal calls in question the judgment of the learned Judge in Chambers dated 20-2-1980, whereby he dismissed the writ petition…