Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973) Art. 199 read with North-West Frontier Province Government Educational and Training Institution Ordinance (III of 1971) Writ-Functions of an institution or statutory body set up under Ordinance-Held, Governmental or State functions-Employees of Cadet College, Kohat set up under Ordinance--To be regarded as holding public offices in connection with affairs of State-Senior Master of Cadet College can, if aggrieved by action of authorities, invoke constitutional jurisdiction of High Court for enforcement of his right in an appropriate case-Order of removal of such employee from service found to be lacking sanctity--Held, a nullity in eye of law.- [Civil service]. R. T. H. Janjua v. National Shipping Corporation P L D 1974 S C 146 ; Salahuddin and 2 others v. Frontier Sugar 1Wills & Distillery Ltd., Takht Bhai P L D 1475 S C 2114 and Sayed Akbar Ali Bukhari v. State Bank of Pakistan and 7 others P L D 1977 Lah. 234 ref. Date of hearing . 4th June 1980.                                                                                                                              JUDGMENT USMAN ALI SHAH, J.-In the first instance, this writ petition was fixed before a Division Bench of this Court comprising the present Chief Justice and Mr. Justice Sardar Fakhre Alam Khan. In the course of hearing, it was pointed out to their Lordships that there is a .conflict of opinion in two similar cases of two different Division Benches of this Court : (1) Writ Petition No. 511 of 1974 (Rehman Gul v. The Vice-Chancellor of the Peshawar University was disposed of by a Division Bench comprising the former Chief Justice Mr. Justice Abdul Hakeem Khan and Mr. Justice Abdul Ghani Khan Kbattak (Retried) and it was held that writ against the order of a statutory body would not lie, vide judgment dated 14-115176. (2) Writ Petition No. 170 of 1976…