Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Nasir Aslam Zahid, Muhammad Aslam Arain Title:Dr. MOULA BUX JAMALI vs PAKISTAN EMPLOYEES COOPERATIVE HOUSING

JUDGMENT

Reported As: 1993 CLC 740 Result: Order accordingly Judgment JUDGMENT ' NASIR ASLAM ZAHID, J.---This petition raises the same points as have been raised in Petition No,D- 370/90. As adverse action had been taken against the petitioner in respect of the plot in question without affording the petitioner an opportunity of showing cause before action was taken, we are of the view that the impugned order is liable to be set aside and the Administrator of the PECHS be directed to take final decision regarding cancellation after hearing the petitioner and other concerned/interested parties. The said Petition No,D-370/90 was also disposed of accordingly. 2. This Constitutional petition is, therefore, disposed of as follows:- (a) The order of the Administrator PECH Society cancelling the plot of the petitioner is set aside. (b) The Administrator, after hearing the petitioners and all other interested parties, will decide the question whether the petitioners' case was covered by the recommendations of the Enquiry Committee and whether any action is warranted keeping in view the facts of the case and principles of natural justice and then finally take a decision about the cancellation of the plot. ' There will be no order as to costs.

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