| Citation(s) |
|---|
| 1984 SLG 361 1984 SLD 361 1984 SCMR 67 |
Supreme Court of Pakistan
Civil Appeals Nos. 105 and 106 of 1982, decision dated: 5-10-1983 (From the judgment dated 13-7-1972 of the Lahore High Court, passed in Writ Petition No. 1351/S of 1972)
MUHAMMAD AFZAL ZULLAH, M. S. H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ
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Civil Appeals Nos. 105 and 106 of 1982, decision dated: 5-10-1983 (From the judgment dated 13-7-1972 of the Lahore High Court, passed in Writ Petition No. 1351/S of 1972)
MUHAMMAD AFZAL ZULLAH, M. S. H. QURAISHI AND MIAN BURHANUDDIN KHAN, JJ
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MUHAMMAD SIDDIQUE CHEEMA AND another--Appellants
VS
. GOVERNMENT OF THE PUNJAB AND 3 others--Respondents
Law:
Section:
(a) Constitution of Pakistan (1973)-----Arts. 185(3) & 280-Constitution of Pakistan (1972), Art. 281West Pakistan Private Colleges (Management and Control) Ordinance (XX of 1970), S. 8(1) - Gordon College, Rawalpindi Order, 1972 [M. L. A. Zone 'C'] No. 234, para. 8 [as amended by Gordon College, Rawalpindi (Amendment) Order, 1972 [M.L.A. Zone 'C'] No. 234, para. 3 - Leave to appeal granted to consider contentions (1) that order of suspension of College teacher bad been merely a repetition of earlier order which was illegal and as such same could not have beers revived (2) that Martial Law Order, 1972 [Zone 'C'] Nos. 234 & 255 though given general protection by Art. 281, Constitution of Pakistan (1972) were deemed repealed by Art. 280, Constitution of Pakistan (1973) and as such even if they retained position of sub-constitutional legislation, their virus could be questioned in Courts of law, (3) that Martial Law Order, 1972 [Zone 'C'] Nos. 234 & 255 were ultra vires of legal norm as they placed unqualified discretion in hands of Administrator of College who was not even required to give opportunity of hearing and that departmental appeal was bound to be accepted on ground of no opportunity of hearing having been given which was requirement at relevant time, such requirement could not have been taken away retrospectively.[vires of legislation]. (b) Constitution of Pakistan (1973)- --Art. 269 - Constitution of Pakistan(1972), Art. 281 - Validity of Martial Law Orders issued between 20-12-1971 and 20-4-1972, held, could not be questioned in Court of law by virtue of validating provisions of Arts. 269 & 281 of respective Constitution.-[Interpretation of statutes. Fauji Foundation v. Shamimur Rehman P L D 1983 S C 457 ref. (c) Mala fide- Termination of service-Plea based on assertion that though no new fact had arisen to justify order of suspension, Authority nevertheless passed same order on account of its annoyance over appellant's having successfully challenged its earlier order terminating appellant's service made "for defying the order of Authority" same day when he was suspended, reason having been explained that suspended teacher…
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