h1

P L D 1975 KARACHI 88

PERVEZ INDUSTRIAL CORPORATION

V/S

NEW LAHORE TRANSPORT CO AND OTHERS

Per Mushtaq Ali Kazi, J.

(a) Constitution of Pakistan (1973) Arts. 104, 129 and 207(1)(a)

–Chief Justice acting as Governor — Not “appointed” to hold “any office of profit in the service of Pakistan” — Expression “service of Pakistan” — Does not include Governor — Chief Justice can hold any other office in addition to his own duties if his remuneration not thereby increased — Chief Justice acting as Governor — Does not cease to be Chief Justice — Office of Chief Justice not being vacated no necessity for fresh
oath of office.

Under Article 207(1)(a), the Chief Justice can hold any other office in addition, if his remuneration is not thereby increased. Post of Governor has not been included in “Service of Pakistan”, under Article 129. As the Chief Justice continued to hold office as such while acting as Governor also he did not cease to be the Chief Justice. Under Article 104 the Chief Justice was not “appointed” as Governor but the President directed him to also “act” as the Governor. So he was not “appointed” to hold “any office of profit in the service of Pakistan” The Chief Justice did not thus vacate his post as “Chief Justice”, at any time and necessity of a fresh oath of office did not therefore arise. [p.89] A.

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