| Citation(s) |
|---|
| 2003 SLG 1126 2003 SLD 1126 2003 PLC 1404 |
Supreme Court of Pakistan
Civil Petitions Nos. 1384 and 1385 of 2002, decision dated: 2-06-2003. (On appeal from the consoli dated judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 3-7-2002 passed in I.C.As. Nos.70 and 71 of 2002 respectively)
NAZIM HUSSAIN SIDDIQUI, TANVIR AHMED KHAN AND SARDAR MUHAMMAD RAZA, JJ
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Civil Petitions Nos. 1384 and 1385 of 2002, decision dated: 2-06-2003. (On appeal from the consoli dated judgment of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 3-7-2002 passed in I.C.As. Nos.70 and 71 of 2002 respectively)
NAZIM HUSSAIN SIDDIQUI, TANVIR AHMED KHAN AND SARDAR MUHAMMAD RAZA, JJ
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ZIA GHAFOOR PIRACHA
VS
CHAIRMAN, BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, RAWALPINDI and others
Law:
Section:
(a) Interpretation of statutes------- Service Regulations of a Statutory Body---Government as required by the Statute having not given its formal approval to the said Regulations, the same would be termed as internal instructions or domestic rules having no status of statutory rules. The Principal, Cadet College, Kohat and another v. Muhammad Shoab Qureshi PLD 1984 SC 170 ref. (b) Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--- ----Ss. 12(1)(a), 12(8)(iii)(iv), 14, 15, 17 & 20(1)(iii)---Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---Constitution of Pakistan 1973), Art. 185(3)---Service Regulations of the employees of the Board--Nature---Dismissal of employees of the Board by the Chairman ---Validity--Different categories of persons were working in the hierarchy of the Board; some were termed as officers whose terms and conditions were determined by the Controlling Authority but respecting certain employees in BPS-5 to 15, according to Service Regulations of the Board No. 8, the Chairman had all the powers under the law as well as Regulations---Petitioner having been appointed by the Chairman of the Board being Competent Authority, disciplinary action against said employee could be taken by him being Appointing Authority, under S.12 (1)(a) of the Punjab Boards of Intermediate and Secondary Education Act, 1976---Service Regulations of the Board being not statutory in nature adoption of Punjab Civil Service (Efficiency and Discipline) Rules, 1975 by the Board would not make the said Service Regulations statutory in nature---High Court, in circumstances, had rightly dismissed the Constitutional petition of the employee being not maintainable---Petitions for leave to appeal were dismissed. The Principal Cadet College, Kohat and another v. Muhammad Shoab Qureshi PLD 1984 SC 170 and Hamid Mukhtar Piracha v. Faisalabad Development Authority 1984 PSC 42 ref. Syed Najamul Hassan Kazmi, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Hafiz S.A. Rehman, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Respondents Nos. 1 to 2. Sajjad Hussain Shah, A.-A.G., Punjab and Rao M.…
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