CHIEF ENGINNER (ADMN) WATER And Other Versus MANZOOR ALI And Other

JUDGMENT GUL ZARIN KIANI, J.- On the face of it, impugned order by Chairman, N.I.R.C. Offended rules of fairness and natural justice. Without hearing the petitioners and affording them a reasonable chance of defence, learned Chairman, N.I.R.C. Could not have finally resolved the issue of transfer of prima- facie, civil servants in WAPDA. As a consequence of it, impugned order is set aside and is declared to have been made without lawful authority. Result of it would be that the matter shall be allowed to file a defence statement and heard on its merits also. In case the petitioners take objection to the jurisdiction of the N.I.R.C. To entertain the grievous petition on account of a bar contained in Article 212 of 1973-Constitution, the Chairman, N.I.R.C. Shall decide it as a preliminary issue before adverting to the merits of the petition. With these observations, this writ petition is being finally disposed of with no order as to costs in this Court.