Law:

Section:

National Accountability Bureau Ordinance (XVIII of 1999)-------S.5-A(3)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment of Judge as National Accountability Bureau Court--­Continuing as the Judge after having been retired as District and Sessions Judge---Petitioner was appointed as Judge of the National Accountability Bureau Court on 14-5-2001 while serving as District and Sessions Judge-­After the retirement of the petitioner as District and Sessions Judge, the Authorities did not allow the petitioner to complete his tenure of three years as a Judge of National Accountability Bureau Court---Validity---Having exercised leis option on 3-12-200 the petitioner was entitled to continue as Judge of the National Accountability Court for a period of three years from the date of his initial appointment as the Judge of the National Accountabiliy, Court---Act of the Authorities in not allowing the petitioner to complete his tenure as incorporate in S.5-A(3) of National Accountability Bureau Ordinance, 1999, was without lawful authority---High Court directed the Authorities to allow the petitioner to complete his tenure of three years as Judge of National Accountability Bureau. Khan Asfand Yar Wali v. Federation of Pakistan PLD 2001 SC 607 fol. Muhammad Ikram Ch. for Petitioner. Ch. Sultan Munawar, D.A.-G. for Respondents. Hafiz S.A. Rehman for Respondent No.6. Date of hearing: 7th October, 2002. JUDGMENT The petitioner was serving in Northern Areas as District and Sessions Judge when vide notification dated 14-5-2001 he was appointed as Presiding Officer of the Accountability Court Northern Areas with immediate effect and till further order. It was further noted in the notification that the said Officer shall perform the function of Accountability Court in addition to his own duties of District and Sessions Judge. On 26-5-2001 the petitioner assumed the charge of the said post. Now as it happened the petitioner had to retire as District and Sessions Judge w.e.f. 1-1-2002. Vide letter dated 7-11-2001 he informed the Chief Justice of Chief Court-Northern Areas, Gilgit that he has to retire as Distgict and Sessions Judge on 31-12-2001 while…

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