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MALIK HABIBULLAH versus PROVINCE OF THE PUNJAB THROUGH SECRETARY MINES AND MINERAL DEPARTMENT, LAHORE


R36A (1) (2) (3) (4) (5) Rules of Business 1974 (Government of Punjab), Schedule 7, Parts A&B, Rules 2 (XXIII), 5 (1d) 9 (1) (Clause 6 (e) (g) of the Law Reform Ordinance (XII of 1972), Section 3 of the Constitution of Pakistan (1973), Arts 129, 130, 133, 139 and 199). The jurisdiction of the Secretary of the Department concerned was the highest bidder in the auction of the lease for the receipt of excise duty on minerals, but was subject to the approval of the contract by the Provincial Secretary Impact Award and, in the present case, the Chief Minister, Scope Appellant. Was. The approval of the provincial government was not confirmed by the provincial secretary appellant, who claimed that he was the highest bidder and that he could be allowed to execute the contract, during the trial, the appellant. After the constitutional petition was filed after the appellant was dismissed, the Chief Minister's directive was obtained by the effect that the appellant would retain the rights for the lease for one year. The respondent directed the Chief Minister through a constitutional petition. Was challenged which allowed the appellant to appeal the decision of the single judge of the High Court to the High Court which is in accordance with Schedule 7. Under Rule 9 (1) (e) Business Laws of Appeal 1974 (Government of Punjab), the Provincial Secretary was responsible for the proper conduct of the business of the relevant department when important matters were resolved without referring to the Minister concerned. The secretary was to keep the chief secretary aware of the same. Disagreement between the Minister and the Secretary, the former had to send the matter to the Chief Minister for proper orders; in the case of the Appellant, the Provincial Secretary N

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