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MUHAMMAD SHARIF versus CHAIRMAN, THAL DEVELOPMENT AUTHORITY


Constitution of Pakistan 1962 Article 58 (3) The dispute between the decisions of two division benches of the same High Court approves the special leave appeal by the Supreme Court to authorize art on the issue.

1970 S C M R 61

Present : A. R. Cornelius, C. J. and S. A. Rahman, J

MUHAMMAD SHARIF MALIK‑Petitioner

versus

THE CHAIRMAN, THAL DEVELOPMENT AUTHORITY,

BHAKKAR AND OTHERS‑Respondents

Civil Petition for Special Leave to Appeal No. 335 of 1967, decided on 25th October 1967.

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 14th June 1967, in Writ Petition No. 963 of 1965).

Constitution of Pakistan 1962

Art. 58(3)‑Conflict between decisions of two Division Benches of same High Court‑Special Leave to Appeal granted by Supreme Court to give art authoritative pronouncement on point involved.

M. Ibrahim Khan, Advocate Supreme Court instructed by Maqbool Ahmad, Attorney for Petitioner.

Nemo for Respondents.

Date of hearing : 25th October 1967.

ORDER

CORNELIUS C. J.

‑This petition, seeking Special Leave to Appeal against refusal of a writ by the High Court, raises a question concerning the propriety and validity of the termination of the petitioner's service by order of the Chairman of the Thal Development Authority, a statutory body.

Mr. M. Ibrahim Khan points out that the particular instru ments under which the action of the Authority was taken have been the subject of interpretation by another Division Bench of the High Court, against whose decision leave to appeal has been granted by this Court on the 10th October 1967, in Civil Petitions Nos. 331 and 332 of 1967. The other Division Bench has acted on an interpretation which is contrary to that reached in the present case.

It is desirable that this Court should give an authoritative interpretation of these instruments, in view of the conflict which has arisen. We accordingly grant leave to appeal as prayed. Security Rs. 1,000.

Leave granted.

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