| Citation(s) |
|---|
| 2013 SLG 1884 2013 SLD 1884 2013 PLC 974 |
Islamabad High Court
Writ Petition No.2744 of 2011, decision dated: 29-02-2012
MUHAMMAD ANWAR KHAN KASI, J
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Writ Petition No.2744 of 2011, decision dated: 29-02-2012
MUHAMMAD ANWAR KHAN KASI, J
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NAZAR ASLAM
VS
FEDERAL GOVERNMENT and 6 others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Appointment in statutory body---Statutory bodies are governed under Acts, Rules and statutes which are meant for the purpose and no one can exceed from its domain, neither supersede nor deviate and if the acts are done by the Authority against public interest and in violation of the statutes---Constitutional petition was maintainable. 2011 MLD 322 rel. (b) Constitution of Pakistan--- ----Art. 199---Writ of quo warranto---Locus standi---Quo warranto can be moved by any person and the petitioner need not be an "aggrieved party". PLD 1974 SC 228 rel. (c) Constitution of Pakistan--- ----Art. 199---Federal Board of Intermediate and Secondary Education Act (LXVIII of 1975), S.11---Quo warranto, writ of---Re-appointment of Chairperson of a statutory body---If there were any violations of Rules or Statutes in making the appointment, any body can point those illegalities and can approach the court for the issuance of writ of quo warranto. (d) Civil service--- ----Good governance emphasise that legal procedure should be adopted and right person at right place be appointed for smooth running of the affairs. (e) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Re-appointment of BS-20 officer against the post of BS-22---Post of Chairperson of Secondary Board was upgraded from BS-20 to BS-22, incumbent was an officer of BS-20 and could not have been re-appointed against a post which was two steps higher to her grade---Re-appointment of Chairperson was declared by High Court as violative of rules. (f) Words and phrases--- ----"Public Officer"---Meanings. (g) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Appointment of Grade 20 officer against the post of Grade 22 despite availability of qualified officers---Appointment against merit always creates un-rest among the officers who meet the requirements of posting but are ignored without any justifiable reason---Such actions are not only detrimental to public interest but also against the policy of good governance---Courts are under obligation to strike off such irregularities/illegalities so that…
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