| Citation(s) |
|---|
| 1970 SLG 143 1970 SLD 143 1970 SCMR 35 |
Supreme Court of Pakistan
Civil Petitions for Special Leave to Appeals Nos. 331 and 332 of 1967, decision dated: 10th October 1967. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4th July 1967, in Writ Petition No. 1799 of 1966)
S. A. RAHMAN, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
M. A. Zullah, Senior Advocate Supreme Court Khalid M. Pasha, Advocate Supreme Court with him) instructed by Salim Ahmad Malik, Attorney. Nasim Hassan, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Senior Attorney.
Civil Petitions for Special Leave to Appeals Nos. 331 and 332 of 1967, decision dated: 10th October 1967. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4th July 1967, in Writ Petition No. 1799 of 1966)
S. A. RAHMAN, HAMOODUR RAHMAN AND MUHAMMAD YAQUB ALI, JJ
M. A. Zullah, Senior Advocate Supreme Court Khalid M. Pasha, Advocate Supreme Court with him) instructed by Salim Ahmad Malik, Attorney. Nasim Hassan, Advocate Supreme Court instructed by M. B. Khizar Tamimi, Senior Attorney.
C. P. S. L. A. No. 331 of 1967 CHAIRMAN, WEST PAKISTAN AGRICULTURAL DEVELOPMENT CORPORATION, LAHORE AND another.
VS
M. A. K. TARIN, DIRECTOR A. M. O., THAL DEVELOPMENT AUTHORITY C. P. S. L. A. No. 332 of 1967 CHAIRMAN, WEST PAKISTAN AGRICULTURAL
Law:
Section:
West Pakistan Agricultural Development Corporation Ordinance (XXV of 1961), S. 25-Question of construction of S. 25-Special Leave to Appeal granted by Supreme Court to consider question. ORDER MUHAMMAD YAQUB ALI, J.-This deals with Civil Petitions for Special Leave to Appeals Nos. 331 and 332 of 1967. The High Court has in exercise of its jurisdiction under Article 98 of the Constitution set aside the orders of the Chairman, Thal Development Authority, terminating the services of the respondents in the two petitions inter alia on the grounds that the orders were made in compliance with the directions of the Chairman, Agricultural Development Corporation; that the supervisory control entrusted to the said officer by the Provincial Government under section 25 of the West Pakistan Agricultural. Development Corporation Ordinance, 1961, suffered from excessive delegation and that the power to suspend and terminate the services of the employees of the Thal Development Authority was vested in the Authority and not its Chairman alone. The Chairman, Agricultural Development Corporation, seeks leave to appeal from the order of the High Court on the following grounds; (i) The rule of excessive delegation did not apply to the powers conferred by the Provincial Government under section…
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