Case Details

Citation(s)
1981 SLG 3006 = 1981 SLD 3006 = 1981 PLD 87
Peshawar High Court
Writ Petition No. 708 of 1979, decided on 16th December, 1980.
Presented By: Shah Abdul Rashid and Ali Hussain Qazilbash, JJ
Qazi Muhammad Jamil for Petitioners. Bashirullah Khan, Asstt. A: G. for
Respondents.

GUL NARAS KHAN-Petitioner

VERSUS

GOVERNOR, N.-W. F. P. THROUGH CHIEF SECRETARY AND ANOTHER-Respondents

Law: Constitution of Pakistan, 1973

Section: 129

Law: West Pakistan (Board of Intermediate and Secondary Education Peshawar) Ordinance (XIX of 1961)

Section: 12, 9(2), 20(2)

Law: N.W. F. P. Corporation Employees (Special Powers) Ordinance (VIII of 1978)

Section: 2, 3

(a) Constitution of Pakistan (1973)  Art. 129-Words and phrases-Word "Government"-Legislature itself, held, cannot be said to be Provincial Government.-[Words and phrases]. (b) West Pakistan (Board of Intermediate and Secondary Education Peshawar) Ordi nance (XIX of 1961) S. 12-Appointment of Governor of Province as "Controlling Authority " under Ordinance XIX of 1961-Not in his capacity as executive head of Province but as persona designata having no connection with Provincial Government-Provincial Government, hence, held, cannot be said to be controlling affairs of Board through Governor. (c) Words and phrases Word "control"-Held, suggests, in wider sense, power to check, restrain or Influence authority being placed under control of Government-N.-W. F. P. Corporation Employees' (Special Powers) Ordinance (VIII of 1978), S. 3. (d) West Pakistan (Board of Intermediate and Secondary Education Peshawar) Ordi nance (XIX of 1961) Ss. 9(2) & 20(2)-N.-W. F. P. Corporation Employees (Special Powers) Ordinance (VIII of 1978), S. 2 - Corporation service Government having direct check and control over affairs of Board of Intermediate and Secondary Education, service under Board, held, falls within definition of S. 2 of Ordinance VIII of 1978, and a Cor poration service.-[Civil services]. (e) N.-W. F. P. Corporation Employees (Special Powers) Ordinance (VIII of 1978) Ss. 2 & 3-"Corporation service"-Persons in Corporation service, promoted after 1-1-1972 and before 5-7-1977, held, could be reverted by Governor in exercise of power vested in him under S. 3. (f) N.-W. F. P. Corporation Employees (Special Powers) Ordinance (VIII of 1978)  S. 3-Maxim: audi alteram partem (no one shall be condemned unheard)-Rule of natural justice as to no person being condemned unheard-No bar on Legislature to take away right conferred by such rule-Legislature, held, empowered to provide for taking of action against any person without giving him opportunity of being heard and S. 3, not giving such right, not ultra vires on such account. [Maxim]. (g) N.-W. F. P. Corporation Employees (Special Powers) Ordinance (VIII of 1978) S. 3…
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