Law:

Section:

Security and Exchange Commission of Pakistan Act (XLII of 1997)-------Ss. 3, 22(3) & 43(e)---General Clauses Act (X of 1897), S.24-A--­Constitution of Pakistan (1973), Art.199---Constitutional petition--­Appointment, cancellation of--- Appointments of petitioners were cancelled by the Authority by letter stating therein that in view of conduct, performance and also objects for which the Authority was established, petitioners had not been found suitable for appointment---Letter in question did not disclose any reason as to why petitioners were not found suitable for the appointment---Validity---Order cancelling appointment of petitioners without application of mind and also in violation of relevant provision of Security and Exchange Commission of Pakistan Act, 1997 and General Clauses Act, 1897, was declared to be illegal and without lawful authority. Malik Noor Muhammad Awan for Petitioner. Hafiz Tariq Nasim for Respondent. Date of hearing: 23rd January, 2001. JUDGMENT This judgment shall decide the Writ Petition No. 17807 and Writ Petition No. 19733 of 2000, as they involve common question. 2. The petitioners in these writ petitions were employees of Corporate Law Authority. The respondent Corporation was established under section 3 of the Securities and Exchange Commission of Pakistan Act, 1977, which was promulgated on 26-12-1997. Under the provisions of section 43(e) of the said Act no officer, employee, servant or any other person holding any post in connection with the affairs of the Authority (Reference is Corporate Law Authority), shall have any right or lien for appointment to any post in the respondent Commission. The petitioners were consequently informed vide similar worded letter dated 3-5-2000 requiring them to hand over the charge of their respective posts immediately to the Supervisory Officer. A similar worded corrigendum was issued on 11-5-2000. Feeling aggrieved the petitioners have filed these writ petitions. Learned counsel for the petitioners contends, that the said impugned letters have been issued without giving chance of hearing to the petitioners and that the letters do not contain any reason as to why the petitioners have not been…

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