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

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199,189,264

(a) Transfer of Railways Order (P.O. 33 of 1962)-------Art. 3 [as substituted by Transfer of Railways (Amendment) Ordinance (I of 1998)]---Constitution of Pakistan (1973), Art.199---Constitutional petition---Assumption of office of Chairman Railways ---Validity--�Management of Railways was to be governed by Board consisting of Chairman and five members to be appointed by Federal Government--�Secretary to Government of Pakistan (Railways Division) was to be the ex officio Chairman of the Board and out of members mentioned in cl.(I) of Art.a, respondent was never appointed Member. Board of Directors of Railways---On account of lack of such qualification, his assumption of office as Chairman Railways was declared ultra vires of Art.3 of Transfer of Railways Order, 1962.Muhammad Afzal and others v. Government of Balochistan through Secretary, S&GAD, Quetta and 4 others 1995 PLC (C.S.) 567; Ijaz Hussain v. Abdul Qayyum 1996 PLC (C.S.) 622; Ayyaz Nnjum v. Government of Punjab. Housing and Physical Planning Department through Secretary and others 1997 SCMR 169; Javed Hussain Shah v. Government of Punjab and others 1998 SCMR 220; Sardar Asseff Ahmad Ali v. Muhammad Khan Junejo and others PLD 1986 Lah. 310; Collector of Customs, Karachi and others v. Messrs New Electronics (Pvt.) Ltd. and 59 others PLD 1994 SC 363; Hakim Ali Zardari v. The State and another PLD 1998 SC 1; Riaz Ahmed v. The State 1998 SCMR 1729 and Muhammad Yar Buttar and 4 others v. Board of Governors, Overseas Pakistanis Foundation, Islamabad and others 1999 SCMR 819 ref.(b) Constitution of Pakistan 1973)-------Arts. 189 & 264---Effect of repeal of Ordinance---Orders made and action taken during period when Ordinance was in force would remain intact being saved by Art.264, Constitution of Pakistan (1973).JUDGMENT The relevant facts for the decision of this Constitutional petition are that the petitioner is employed as Deputy Chief Controller of Purchase/C.F. Pakistan Railways. The Authority decided to initiate disciplinary proceedings against him. He was accordingly served with a show-cause notice, dated 9th of February, 1999. He submitted the reply thereto. The matter is still under…