Law:

Section:

Constitution of Pakistan (1973)--- ---- Art. 199 --- Natural justice, principles of --- Where removal of petitioner from office of member of council was illegal for non-conformity with the requirements of rules of natural justice, basic proceedings and resolution passed by the said Council were held to be void and non-existent and any subsequent act would also stand on no better footing. Abdul Rehman v. The Collector and D.C. P L D 1964 SC 461 ref. ORDER This writ petition is based on the grievance that the petitioners have been removed from the Examining Body of the National Council for Homeopathy through an ex: parte resolution. As per the allegation of the petitioners, neither they were present when the resolution was passed nor they were given any notice or opportunity to defend themselves. 2. Brief facts of the case are that impugned resolution having been allegedly passed by the Council, the Federal Government acting upon that removed the petitioners from the Examination Body. The bare perusal of the resolution in question brings out that the petitioners were removed for misconduct and irregularities. In other words it clearly had the effect of stigmatization. In the case of Abdul Rehman v. The Collector and D.C. P L D 1964 SC 461, it has been laid down that the provisions of rules of natural justice are to be read into every enactment. In the precedent case Chairman was removed from the local Council. He was held entitled to hearing and to defend his conduct. The position of the present petitioners is not distinguishable from the facts of the above case in material respects. In such a situation, I think ends of justice will be fully met and the requirement of natural justice complied with if the petitioners were to be asked to appear…

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