| Citation(s) |
|---|
| 1983 SLG 527 1983 SLD 527 1983 PLD 206 |
Lahore High Court
Writ Petition No. 3908 of 1982, decided on 18th January, 1983
GUL MUHAMMAD KHAN, J
Sh. Nisar Qutab for Petitioners. Mahboob Ahmad for
Respondents Nos. 1 and 2. Tanvir Ahmad Khan Asstt. A.G. for
Respondents Nos. 3 and 4.
Writ Petition No. 3908 of 1982, decided on 18th January, 1983
GUL MUHAMMAD KHAN, J
Sh. Nisar Qutab for Petitioners. Mahboob Ahmad for
Respondents Nos. 1 and 2. Tanvir Ahmad Khan Asstt. A.G. for
Respondents Nos. 3 and 4.
MUHAMMAD SAEED AHMED KHAN AND 2 others
VS
SECRETARY TO GOVERNMENT OF THE PUNJAB, HOUSING AND PHYSICAL PLANNING DEPARTMENT AND 3 others--Respondents
Law:
Section:
(a) Lahore Development Authority Act (XXX of 1975)- -- S. 45-Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978, Regln. 22-Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, r. 7-B-Regulations issued by Lahore Development Authority under S. 45 of Lahore Development Authority Act, 1975, have no statutory force-Regulation 22 of Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978 (adopting Rule 7-B, Punjab Civil Servants) (Efficiency and Discipline) Rules, 1975) does not have same effect as Rules. (b) Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978- -- Regln. 22-Officer of Lahore Development Authority-Departmental inquiry proceedings-Principles of natural justice-Claim to be defended by counsel succeeds only if shown that petitioner's case may be prejudicial without counsel-Rules excluding representation by counsel having no statutory force-Representation by counsel permissible-Provisional Constitution Order (P. O. 1 of 1981), Art. 9. P&t. v. Greyhound Racing Association (1968) 2 All E R 545 ; Enderby Town Football Club Ltd. v. Football Association Ltd. (1971) 1 Ch. 591 and Frason v. Mudge (1975) 1 W L R 1132 ref. (c) Lahore Development Authority (Appointment and Conditions of Service) Regulations, 1978 Regln. 22 - Officer of statutory body - Departmental inquiry proceedings-Representation through counsel--Such Officer has a right to be represented by a counsel under principles of natural justice. (d) Constitution of Pakistan (1973)- Art. 4-Legal Practitioners and Bar Councils Act (XXXV of 1972), S. 22-Officer of statutory body-Departmental inquiry proceedings Representation through counsel-Because of vast proportions into which statutes and other laws now run and complexities in which they are enveloped representation by a counsel as assistance by a person learned in law a sine qua non for enjoying protection under Art. 4. (e) Punjab Civil Servants Act (VIII of 1974)- Ss. 15 & 23-Punjab Civil Servants (Efficiency and Discipline) Rules, 1973, r. 6(5) (6), 7(1) & 7-B-Inquiry against officers-Procedure Supersession of rule 7-B, Punjab…
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