Law:

Section:

(a) Punjab Seed Corporation Act (X of 1976)---- ---S. 25--Ccnstitution of Pakistan (1973), Art 199--Dismissal from service----Jurisdiction---Regulations framed under S. 25 in the prescribed manner and notified in the Gazette acquired the status of statutory instrument and were not mere instructions issued for internal guidance of the Corporation-Employee thus was entitled to invoke Constitutional jurisdiction of High Court if any action prejudicial to him in derogation of or violation of any such rule or regulation taken. (b) Punjab Seed Corporation Act (X of 1976)-------- ---S. 25--Regulations framed under S. 25--Board of inquiry, constitution of-One of the members of Enquiry Board also appeared as witness against employee to support department--Witness cannot be made judge to determine guilt of accused person--A person cannot be an adjudicator as well as a witness in the same case Board of enquiry to be constituted under Regulation No. 20 to enquire into the default or misconduct of employee had to consist of persons who did not suffer from any inherent disqualification and were in a position to apply mind independently, fairly and without any bias whatsoever--Report submitted by Enquiry Board was biased-Held dismissal of petitioner based on such like biased report could not sustain in law--Order of dismissal was declared to be without lawful authority and of no legal effect. Syed Akbar Ali Bokhari v. State Bank of Pakistan and 7 others P L D 1977 Lah. 234 Muhammad Yousuf Shah v. Pakistan International Airlines Corporation P L D 1981 S C 224; Evacuee Trust Property Board and another v. Muhammad Nawaz 1983 S C M R 1275 and Yousuf Ali v. Muhammad Aslam Zai P L D 1958 S C 104 ref:. S.M. Masood for Petitioner. Yawar Ali Khan for Respondents. Date of hearing; 2nd October, 1988. JUDGMENT The facts necessary for the disposal of this Constitution petition are that Khalid Pervez petitioner was appointed as Assistant Manager (Field Operations) in the Punjab Seed Corporation on 26-12-1978. The petitioner joined the post at Rahimyar Khan on 28-12-1978 and was confirmed on the post with effect from 28-12-1978 vide letter No. 1929, dated 29-9-l980. On 26-12-1980, the…

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