Law: Transfer of Railways Order [P.O. 33 of 1962]

Section: 3

Law: Law Reforms Ordinance, 1972

Section: 3

Transfer of Railways Order [P.O. 33 of 1962]-- ----Art. 3 [as amended. by Transfer of Railways (Amendment) Ordinance (I of 1998)]---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Interpretation of Art.3 of Transfer of Railways Order, 1962--­Constitution of Railways Board---Single Judge of High Court while accepting Constitutional petition filed by respondent formed a view that Chairman of the Railways Board was to be appointed as member and only then he could be appointed as Chairman---Validity---Secretary to Government of Pakistan, Railways Division under Art.3 of Transfer of Railways Order, 1962 was ex officio Chairman of the Board and five members had to be appointed by the Federal Government---Interpretation placed by the Single Judge being not the intent of law, Chairman of the Board was not necessarily to be a member of the Board---Order of Single Judge of High Court was set aside. JUDGMENT MALIK MUHAMMAD QAYYUM, J.--This is an appeal under section 3 of the Law Reforms Ordinance, 1972 from the judgment and order dated 22-6-1999 passed by a learned Single Judge of this Court whereby the Constitutional petition filed by the respondent was accepted. 2. Briefly stated the facts giving rise to this appeal are that the respondent who was working as Deputy Chief Controller of purchase in Pakistan Railways was proceeded against departmentally and was served with a show-cause notice to which he submitted his reply. However, during the pendency of those proceedings, he filed the Constitutional petition out of which this appeal has arisen challenging the appointment of Mr. Masood Ahmad Daher as Chairman of the Pakistan Railways and also as Authorised Officer. In the said petition, the appellant had also prayed that show-cause notice and all the proceedings taken pursuant thereto be declared as without lawful authority. 3. When this petition came up for hearing before the learned Single Judge, an abjection was raised as to the maintainability of the Constitutional petition by the appellant on the ground that the dispute related to service matter and as such the petition was barred by Article 212 of the Constitution of Islamic Republic of Pakistan;…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492