CHAIRMAN, WEST PAKISTAN AGRICULTURAL DEVELOPMENT CORPORATION Versus M. A. K. TARIN
This matter concerns Civil Petitions for Special Leave to Appeal filed by the Chairman of the West Pakistan Agricultural Development Corporation against a High Court judgment. The High Court, exercising jurisdiction under Article 98 of the Constitution, had set aside the termination of the respondents' services by the Chairman of the Thal Development Authority. The High Court held that the termination orders were improperly influenced by the Chairman of the Agricultural Development Corporation, that the supervisory control exercised under section 25 of the West Pakistan Agricultural Development Corporation Ordinance, 1961, constituted excessive delegation, and that the power to terminate employees was vested in the Authority itself, not the Chairman alone. The petitioner challenged these findings, arguing that the delegation was lawful, the Authority acted independently, the terminations were confirmed by the Authority, and that the respondents, as temporary employees, were not entitled to show-cause notices under the relevant rules. The Supreme Court, finding that the proper construction of the rules and section 25 of the Ordinance required further consideration, granted leave to appeal to examine these legal questions.
- Does the supervisory control granted under section 25 of the West Pakistan Agricultural Development Corporation Ordinance, 1961, constitute excessive delegation?
- Is the power to terminate employees of the Thal Development Authority vested in the Authority as a body or in its Chairman alone?
- Are temporary employees entitled to a show-cause notice under rule 10 of the Thal Development Act rules when their services are terminated?
- Article 98, Constitution of Pakistan 1962
- Section 25, West Pakistan Agricultural Development Corporation Ordinance 1961
- Rule 5(2), Thal Development Act Rules
- Rule 10, Thal Development Act Rules
ORDER
1. MUHAMMAD YAQUB ALI, J. ‑This deals with Civil Petitions for Special Leave to Appeals Nos. 331 and 332 of 1967.
2. The High Court has in exercise of its jurisdiction under Article 98 of the Constitution set aside the orders of the Chairman, Thal Development Authority, terminating the services of the respondents in the two petitions inter alia on the grounds that the orders were made in compliance with the directions of the Chairman, Agricultural Development Corporation; that the supervisory control entrusted to the said officer by the Provincial Government under section 25 of the West Pakistan Agricultural. Development Corporation Ordinance, 1961, suffered from excessive delegation and that the power to suspend and terminate the services of the employees of the Thal Develop ment Authority was vested in the Authority and not its Chairman alone.
3. The Chairman, Agricultural Development Corporation, seeks leave to appeal from the order of the High Court on the following grounds;
(i) The rule of excessive delegation did not apply to the powers conferred by the Provincial Government under section 25 of the Agricultural Development Corporation Ordinance, 1961, on the Chairman in the Project area to supervise and control the management of the That Development Authority.
4. (ii), The Thal Development Authority had in terminating the services of the respondents acted in its own discretion and not under the directions of the Chairman, Agricultural Development Corporation.
(iii) The orders by the Chairman terminating the services of the respondents were duly confirmed by the Thal Development Authority.
(iv) The respondents were temporary employees and given three months' salary in lieu of notice under rule 5(2) of the rules framed under the Thal Development Act.
(v) The procedure for giving; show cause notice under rule 10 which deals with cases of removal from service for misconduct was not attracted.
5. The proper construction of the rules and the provisions‑ of section 25 the West Pakistan Agricultural Development Corpora tion. Ordinance require consideration. We grant leave to appeal. Security in the sum of Rs. 1,000 in each case.
6. Leave granted.