Law: Sindh Local Government Ordinance (XXVII of 2001)

Section: 132(1)(b),38(3a)

Law: Sindh Local Government Ordinance (XXVII of 2001)

Section: 132(1)(b),38(3a)

(a) Sindh Local Government Ordinance (XXVII of 2001)-------S. 132---Expression "of its or his own motion"---Connotation---Initiation of action by Provincial Local Government Commission---Scope---Action can be initiated by Provincial Local Government Commission on the basis of information received by it through any source---Principles. Sardar Ashiq Muhammad Khan Mazari and 3 others v. Chairman, Federal Land Commission, Islamabad and 4 others PLD 1977 Lah. 461; Messrs Kasbati Builders through Partners v. Income Tax Appellate Tribunal and 2 others 2006 PTD 1088; Messrs Karachi Marriott Hotel v. Atta Hussain 2006 PLC 140 and Messrs Norwich Union Fire Insurance Society Limited v. Muhammad Javed Iqbal and another 1986 SCMR 1071 rel. (b) Sindh Local Government Ordinance (XXVII of 2001)--- ----S. 132---Decision by Provincial Local Government Commission to hold inquiry---No show-cause notice was required to be issued as during inquiry proceedings the person would get ample opportunity to defend himself. (c) Natural justice, principles of--- ----Applicability---Distinction between the two situations, one where the right of hearing was statutory and the other when such right was claimed on the basis of principles of natural justice. There is a clear distinction between the two situations, one where the right of such hearing is statutory and the other where such right is claimed on the basis of principles of natural justice. In the former case the right is absolute and. its violation makes the order illegal and not sustainable under law, while in later case, it is not so and exclusion of such right could be expressed or implied and whenever a violation of principles of natural justice is alleged, the court may call upon the party to establish prejudice caused to it before striking down the order. (d) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Orders of the authorities can be challenged by way of filing constitutional petition, if the orders are illegal, mala fide, perverse and without jurisdiction---In the absence of any patent impropriety, or glaring violation of law, interference through constitutional…

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