Law:

Section:

Electricity Act (IX of 1910)-------S. 35---Constitution of Pakistan (1973), Art.199---Constitutional petition---Detection bill---Appeal---Chairman Advisory Board---Status---Chairman relinquishing the charge of Chief Engineer (Power) Irrigation and Power Department---Petitioner being aggrieved of detection bill issued by Water And Power Development Authority, assailed the same before Electrical Inspector---Application of petitioner was accepted by Electrical Inspector against which the Authorities filed appeal before Provincial Advisory Board---During the pendency of appeal, the Chairman of Advisory Board was transferred and was no more Chief Engineer (Power) Irrigation and Power Department---After the notification of transfer, the Chairman set aside the order passed by Electrical Inspector---Plea raised by the petitioner was that the Chairman of Advisory Board could not pass any order after his transfer, as he was no more Chief Engineer (Power) Irrigation and Power Department---Validity---Chairman of Advisory Board when ceased to hold the office of Chief Engineer (Power), he became functus officio to act as Chairman of the Board as well; it would have been his successor who should have acted as Chairman of the Board---Though some hearing had taken place before the transfer of the Chairman, yet as the order had not been passed nor any decision announced, any decision taken after his transfer was of no legal effect---Such order passed by the Board was set aside and the appeal was remanded to Advisory Board to be decided in accordance with law---Petition was allowed accordingly. Mirza Abdul Hameed and others v. Member, Board of Revenue II 1986 SCMR 257 and Muhammad Boota and 4 others v. Feroze Din and 5 others PLD 1981 Lah. 237; Malik Muhammad Samad Ishaq v. Land Acquisition Collector and others PLD 1978 Lah. 1139; Messrs Cristal Cold Storage, Gujranwala through Irshad Ali v. Water and Power Development Authority, Lahore through Chairman and 5 others PLD 1999 Lah. 347 and Barkat Ali v. Additional Commissioner and others 2004 MLD 1633 ref. Risaal Hassan Syed for Petitioner. Mian Muhammad Mudassar Bodla for Respondents. Date of hearing: 14th February, 2004. JUDGMENT…

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