ORDER SHEET
C.P No.D-2741 of 2010
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Date Order with signature of Judge
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For Katcha Peshi.
Mr. Usman Shaikh, Advocate for Petitioner.
Mr. Mehmood-ul-Hassan, Advocate for Federation of Pakistan.
Mr. Sohail H.K. Rana, Advocate for Respondents No.2 to 4 alongwith Ms. Humera Nadeem Advocate.
Commander Habib is present.
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This petition has been filed challenging the action of the Cantonment Authority in stopping the petitioner from carrying on his assignment as a nominated member of the Cantonment Board.
We have heard all the learned counsel at some length and have on the basis of arguments presented before us reached the conclusion that the petitioner was a member of the Cantonment Board upto 2009 and the term of this Cantonment Board was extended by Notification No. SRO.1083(I)/2009 upto 5th May 2010 and the term of that Board was also extended upto 5th May 2011 and therefore, the contention of the learned counsel for the respondent that two members were appointed by the competent authority on 23rd April 2010 and therefore, a part of the Board which was extended from 5th May 2010 upto 4th May 2011 does not carry any weight as the extension means that the Board which was working upto 5th May 2010 had been extended. However, we do not want to give an open general license to the petitioner to indulge in all kind of activity and therefore, he will be working upto 4th May 2011 as a member of the Cantonment Board and although he will be entitled to facilities to which members are entitled but we have seen that it is the prerogative of the President Cantonment Board to assign work to members and this prerogative may be exercised by the President and if the competent authority wants to notify a new Board they should do so before 4th May 2011 by completing the formalities prescribed under the law, and strictly in accordance with law. Both the parties will cooperate with each other. The keys of the room will be returned as according to the petitioner himself the lock of the room doors have been broken and his records destroyed or taken away.
This petition alongwith pending applications is disposed off in the above manner.
The petitioner regrets if he has made any pretensions about his office and undertakes not to repeat the same in future. The contempt application is therefore also disposed off.
JUDGE
JUDGE
Sajid