Law:

Section:

Constitution of Pakistan (1973)--­ ----Art. 199---Withdrawal of petitioner's Magisterial powers on a complaint by his successor reporting multifarious irregularities discovered in administrative orders on various judicial files---Validity---Petitioner's contention was that he had been condemned unheard in so much as withdrawal order of his Magisterial powers was passed without affording due opportunity of hearing to him though gravity of allegations against him warranted enquiry therein with a right to petitioner to examine documents which opportunity was denied to him---petitioner's contention remained uncontroverted from the record produced before the High Court---Notification in question, whereby petitioner was denuded of his judicial powers being violative of inalienable principle of audi alteram partem was ab initio void and was declared to be a nullity in the eye of law and was set aside. [Maxim]. ORDER Petitioner formerly Special Magistrate, WAPDA, on the complaint of his successor-in-office, respondent No.4, allegedly out of vendetta, bearing No.155-58/SPL-M/84, dated 10-5-1984 addressed to the Registrar of this Court, reporting multifarious irregularities discovered in administrative orders of 216 judicial files viz., non-signing of interim orders, charge-sheets, exhibits, accused's statements etc., culminating into the Administrative Committee's recommendation for withdrawal of all his magisterial powers opining him to be unfit for performance of judicial functions transmitted vide the Registrar's confidential letter No.1425/MIT/HC/Ref. 17/84, dated 2-2-1986 to the Home Secretary turning down the petitioner's tendered explanation viz., substitution of the complained of documents by his ex-Reader, - Ghulam Yasin, respondent No. 5, having been complained against inter alia under sections 161/409/411/204, P.P.C., being in league with WAPDA officials in particular Muhammad Nawaz, Director, respondent No.6 retaliating to the convictions and sentences awarded to their favourites for electricity theft leading to Criminal Original No.10 of 1984 and Sher Ali DSP who had been convicted and sentenced under section 376, P.P.C. to seven years' R.I. with a fine of…

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