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AURANGZEB SHAH BURKI versus PROVINCE OF PUNJAB THROUGH CHIEF SECRETARY


Arts 101, 104, 105 and 199 Punjab Service Tribunals Act (IX of 1974), Section 3 (4) Constitution Petition Chairman Punjab Service Tribunal, Appointment of Jurisdiction of the Acting Governor The Chief Minister on the advice of the Chief Minister, Scope Acting Governor, Punjab Services. The Applicant of the Tribunal appointed Chief Minister believed that the Acting Governor had the power to perform day-to-day functions only and to make any decision on any policy matter or to appoint any Chairman, including the Chairman of the Service Tribunal Accuracy. The authorities were not authorized. The appointment of the Punjab Service Tribunal was to be made by the Governor under section 3 (4) of the Punjab Service Tribunals Act, 1974. Such appointment was a function of the office of the Governor, for that purpose, it was the advice of the Chief Minister. Were responsible for It was the sole prejudice, discretion and authority of the Chief Minister to decide the appointment and appointment of the Chairman of the Punjab Service Tribunal. d Under Article 105 of the Constitution, the Governor was obligated by the Chief Minister to inform the Governor of his decision through an "advice" which was not permitted by law to reject the "advice" or Replace. In return, no decision was taken by the Governor to find himself and the best performance after finding the official act to influence the decision of the Chief Minister for any appointment in the office of the Chairman Punjab Services Tribunal. Had to demonstrate. In view of Article 105 of the Revised Constitution, there was no need for any decision on the selection and appointment of the Chairman Punjab Service Tribunal by the Governor Punjab and only the formal appointment of the Chief Minister's decision was implemented.

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