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AMANULLAH KHAN versus SECRETARY, GOVERNMENT OF N.-W.F.P., LOCAL GOVERNMENT AND RURAL DEVELOPMENT

Article 5 and 6 of the Constitution of Pakistan (1973), Article 199 Constitutional application, dismissed municipal employees belonging to the Provincial United Group of Functional and Servants (Qualifications and Discipline) Rules of the local councils of the NWFP, 1980. Whether the applicant was accused of embezzlement / employee was that the inquiry officer was not given any opportunity to present his case and thus he was not heard and the order of dismissal was made by the secretary, The border government, the local government, also approved as an authority, an officer who was not guaranteed by the law and had a legitimate right to do so. The card is obviously responsible for the disposal of the Provincial Secretary, Local Government Authority in charge not only the ability but also the potential employee, he was dismissed from the service and the competent authority. Officers were largely separate and separate entities, each under the Servants (E&D) Rules of the Local Borders Council of the Province, 1980, to perform their duties separately and the duties of one could not be performed by another. But, in the present case, both the authority and the competent officer's duties were performed by the same person, where the law required some work. In particular, it would be illegal to do it in any other way and make the proceedings unsuccessful, no explanation of the employee was sought, the dismissal order could not be maintained, the High Court rejected the order of the provincial secretary. Provided that the Local Government shall immediately approve the constitutional application on technical grounds, with the instruction that the employee be immediately reinstated, if the authority agrees. immigration advocates email from Kahuta lawyer