Law:

Section:

Administration of Justice-- ----Administrative ordres passed by the public authorities in their discretion are not immune from judicial scrutiny of Court. [P. 711] D Indutrial Relations Ordinance, 1969 (XXIII of 1969)-- ----S. 25-A--West Pakistan (Standing Orders) Ordinance, 1968, S. 15(4)--Constitution of Pakistan, 1973, Arts. 185 & 199--Appellate jurisdiction--Re-instatement in service--Judicial review--Scope--Accusation of misconduct--Accountancy paper" for acquiring higher professional qualification--Civil servant was dismissed from service upon proof of misconduct--Re-instated--Bank filed appeal before Appellate Tribunal who reversed the findings of labour Court and dismissed the greivance petition--Petition was allowed--Assailed--Appellate Courts--Charge admitted--Quantum of punishment could not justiably reduce the penalty--Respondent was debarred from appearing in subsequent examinations--Penalty of dismissal from service was without lawful authority--Scope of--Power of judicial review of the High Court--Discretionary jurisdiction of public functionaries--Legality--High Court was not supposed to interfere in the administrative functions and disciplinary matters of public organisations--Order passed by an authority in its discretion was capricious, arbitrary or was passed in utter disregard of law--Departmental authorities have exclusive domain to determine the quantum of punishment in the light of nature of charge and Court may not substitute its decision in such matters--High Court in exercise of writ jurisdiction might look into the legality of an order passed by an authority--Held: Extraordinary remedy of writ petition was invokable in exceptional cases--Scope of judicial review of High Court was not confined to particular kind of order, rather in H.C. look into the question of legality or can passed by the public functionaries affecting the right of a person. [P. 710, 711] A & C Industrial Relations Ordinance, 1969 (XXIII of 1969)-- ----S. 25-A--West Pakistan (Standing Orders) Ordinance, 1968, S. 15(4)--Powes of Labour Court--Expression "Just and proper"--Proviso of--Legislative wisdom reflects the meaning--There must be some control on the…

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