Case Details

Citation(s)
1987 SLG 1302 1987 SLD 1302 1987 PLC 671
Lahore High Court
Writ Petition No. 3109/S of 1979, decided on 24th November, 1986.
MUHAMMAD AFZAL LONE, J

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TARIQ MAHMOOD

VS

THE PAKISTAN TELEVISION CORPORATION Ltd. and others

Law:

Section:

(a) Corporation Employees (Special Powers) Ordinance (XIII of 1978)-- ---S.3--Petitioner's appointment as employee from 1-7-1977--Letter of appointment issued on 20-7-1977--Petitioner receiving his salary and other service benefits with effect from 1-7-1977--Six months' probation period of employee also counted from 1-7-1977--Where all along petitioner had availed himself of service benefits, on of his appointment from 1-7-1977, it would not lie in his mouth to contend that his date of appointment was 20-7-1977 and not 1-7-1977--Peti­tioner's appointment being before 5th July, 1977. his case, held, fell within ambit of S.3 with regard to his removal from service. (b) Precedent-- ---Lacking reasoning--Value of--Precedent not embodying thread of reasoning which is its essential feature, held, would not have much weight to carry persuasive value. (c) Corporation Employees (Special Powers) Ordinance (XIII of 1978)-- ---S.3--Constitution of Pakistan (1973), Art.199--Removal of a Corporation employee--Omission to mention factum of "public interest" in removal order--Effect--Disclosure of factum of "public interest"., held, was not essential to the validity of order for removal from service--Where order passed by a public authority was challenged, Court could look into the record of the authority to explore explanation for sustenance of such order and refuse to intervene if action taken was found warrantable- -Petition being devoid of merit was dismissed. Ejaz Anwar for Petitioner. Aftab Ahmad Khan for Respondents. Date of hearing: 24th November, 1986. JUDGMENT The petitioner was serving as Cameraman in Pakistan Television Corporation but on 3-12-1978 was removed from service. This order was made in pursuance of section 3 of the Corporation Employees (Special Powers) Ordinance, 1978 which is reproduced below:- "3. Certain persons to be liable to removal or reversion.-­Notwithstanding anything contained in any law for the time being in force, or in the terms and conditions of service a person in corporation appointed or promoted during the period from the first day of January 1972, to the fifth day of July 1977, may be removed from service, or reverted to his lower…
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