Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) West Pakistan Municipal Committees Business Rules, 1960--   ---R.2(f)(i)(c)--Constitution of Pakistan (1973), Art.185(3)—Removal from service-- Same authority conducting inquiry and awarding punishment--Principles of natural justice--Leave to appeal granted to examine whether High Court had correctly upheld objection of plaintiff that order of his dismissal was vitiated on account of participation of Chairman in the meeting of Municipal Committee where information about his dismissal from service by Chairman was noticed.   (b) West Pakistan Municipal Committees Business Rules, 1960-   ---R.2(f)(i)(c)--Removal from service--Principles of natural justice-­Violation of--Confirmed Sanitary Inspector--Accused of misconduct was removed from service by Chairman who conducted enquiry against him--An Emergency Meeting of Municipal Committee presided over by Chairman held same day and confirmed that order--Enquiry and order of removal from service set aside by Trial Court and decision upheld in appeal--Appeal to Supreme Court--Pleas raised that Chairman being competent authority had independently taken the impugned action and his mere placing for information of Committee decision given by him did not get that decision vitiated by his participation because action taken was already complete in all respects and had the legal validity; and that there being two Resolutions of the Committee authorising Chairman to deal with the case finally, there was no ratification to take place--Held, in the circumstances where only information was to be laid before Municipal Committee, the Chairman could participate-­Appeal allowed, and decree of Courts below set aside.   Muhammad Abdullah v. Road Transport Corporation P L D 1964 Lah. 743 distinguished. JUDGMENT SHAFIUR RAHMAN, J.--Leave to appeal was granted to the Municipal Committee, Gujrat, through its Administrator to examine whether the Lahore High Court had by its judgment dated 16-12-1979 correctly upheld the objection of the plaintiff that the order of his dismissal was vitiated un account of the participation of the Chairman in the meeting of the Municipal Committee where the information about his…

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