QURBAN ALI ABBASI versus PROVINCE OF SINDH THROUGH CHIEF SECRETARY
Section 132 (1) (b) Constitution of Pakistan (1973), Article 199 2 The constitutional application was to remove the scope petitioner of the role and powers of the Talala Nazim Provincial Local Government Commission against which it was inquired and issued a notice of dismissal. It was through the petitioner that the Commission delegated its powers to some officials who were not members of the Commission, where a member of the Commission, who was part of the inquiry team, seemed to have no meaningful role. And was shown to be part of the inquiry team only. According to the papers, the Commission was not authorized to perform its entire inquiry under section 132 (1) (b) of the Sindh Local Government Ordinance, 2001, by the officers who were not part of the commission. The inquiry carried out was non-judicial notification of removal of judges on the basis of a report by the inquiry team, which was with Quorum non-judges, which was outside the jurisdiction and had no legal effect. With the constitutional jurisdiction, the High Court set aside the inquiry report which led to the notification, the High Court issued a new inquiry to the Commission. He directed the formation of a re-team and subsequently conducted a rigorous fresh inquiry against the applicant. According to the law, the High Court directed the applicant to be present and to assist in any inquiry, under which proceedings against the Commission would be initiated.
Related judgments — Karachi High Court Sindh, 2009
