Law:

Section:

(a) Natural justice. principles of- Evidence Act (I of 1972), S. 138-Cross-examination, right of Petitioner candidate denying charge totally and raising a counter version but Discipline Committee not hearing Superintendent in support of his short report containing charge against petitioner candidate nor asking from him any question either in presence or behind back of petitioner in respect of plea raised by petitioner-Such course. if taken in presence of petitioner, petitioner .might have suggested some questions to committee or might have been allowed to cross-examine Superintendent and result might have been different-Right of cross-examination in such inquiries though not immutable yet depending upon circumstances of case same, held, could not be disallowed-Order of . Discipline Committee in circumstances declared to be suffering from an infirmity.-[Cross-examination-Educational institutions]. Writ Petition No. 1782 of 1967 -and -Habibur Rehman v. Siddique Ahmad Khan P L D 1972 Lah. 8 ref. (b) Natural justice, principles of---- Maxim : Audi alteram partem (no one should be condemned unheard)-Appeal-Right to. be heard in appeal-Held, a , part of rule of natural justice contained in maxim : Audi alteram partem.[Appeal (civil)]. Federation of Pakistan v. Sardar -Ali P L D' 1959 S C (Pak.) 25; Chief Commissioner, Karachi v. Dina Sohrab Katrak P L D 1959 S C (Pak.) 45 ; Province of East Pakistan v. Nur Ahmad P L D 1964 S C 451 and Nur Ahmad v. Collectot and Deputy Commissioner P L D 1964 S C 461 .ref. (c) Board of Intermediate and Secondary Education (Lahore) Calendar- -Chap. 6, r. 17(iv)-Appeal-Right to be heard--Expression "if he so desires" in r. 17(iv)-pule 17 itself presupposing grant of right of hearing, expression "if he so desires, held further, affords an opportunity of appearance before Appellate Authority and cannot by itself be interpreted to have taken away right of opportunity of appearance at time of hearing of appeal.-[Appeal (civil)]. Zafar-ul-Ashan v. Republic of Pakistan P L D ]959 Lah. 879 ; Mumtaz Hussain v. University of Sind P L D 1966 Kar. 429 ; Ijlas Ahmad Siddiqi .v. Municipal Committee P L D 1967 Lah. 408 ; Abdul Latif Niaz v.…

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