Law:

Section:

Balochistan ,Model Residential Secondary Schools Ordinance (XVII of 1983)-------S.8(2)(d)---Baluchistan Civil Servants (Efficiency and Discipline) Rules; 1992, Rr. 4 & 5---Constitution of Pakistan (1973), Art. 199.--Constitutional petition---Compulsory retirement---Petitioner who was appointed as Medical Officer (B-17), was retired from service on ground that his conduct and performance was not found satisfactory---Show-cause notice was issued by the Authority to petitioner and Enquiry Committee was constituted and on report of Enquiry Committee, firstly services of petitioner were terminated and then he was retired from service---Validity---Authority being empowered to appoint, suspend, terminate or dismiss staff from B-1 to B-16 in accordance with Balochistan Medical Residential Secondary School Ordinance, 1983, it was beyond its jurisdiction to remove petitioner who was in B-17---Retirement order was issued by Secretary of Provincial Government, but he being not Appointing Authority of the petitioner, his order carried no legal sanctity and only Chairman, Board of Governors of the Institution who was Appointing Authority of petitioner, was competent to pass retirement order---Petitioner who was neither appointed by Provincial Government nor through Public Service Commission, was not civil servant, thus, his terms and conditions of service could not be regulated or governed by Civil Servants Act or Rules framed thereunder---Institution had been constituted and was being run under Balochistan Model Residential Public School Ordinance, 1983 whereunder certain Rules and Regulations had been framed and petitioner who was also appointed under said Ordinance, his terms of services would be governed under such Rules and Regulations--­Procedures provided by Rules and Regulations framed under Balochistan Model Residential Public School Ordinance, 1983 having not been adopted at the time of retiring the petitioner from service, order of retirement was without jurisdiction---Discretion vested in any functionary, was to be exercised judiciously and not in an arbitrary and fanciful manner---Where a procedure had been prescribed, that procedure should be followed in…

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