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Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Managing Director (BS-21) of Utility Stores Corporation---Appointment retired Major General of Pak Army on such post on contract of two years---Premature termination of petitioner's contract by Care-Taker Prime Minister---Petitioner's pleas were that impugned act of Care-Taker Prime Minister did not fall within his mandate to hold fair elections; that fixed term contract could not be terminated for any reason except proved misconduct; that such Corporation was a Private Limited Company, thus, petitioner could be removed from such post under Ss.109 & 202 of Companies Ordinance, 1984, but not otherwise---Validity---Policy circulated through Establishment Division Office Memo No.6/2/2000R.3, dated 6-5-2000 for being a political bribe was violative of constitutional mandate, principle of natural justice and motivated to avoid appointments on merits and oblige blue eyed persons---Statute or policy guidelines having any provision violative of Fundamental Rights would be of no value---Constitution ensured elimination of exploitation, but not its promotion---Retired Army Officer not having any preference over other citizens could not be obliged merely for being an Army Officer---Posts of government owned corporations/ organizations/companies etc. would be required to be filled through competitive, credible, fair, open and transparent process and not on basis of personal likings and in violation of merit---Army Officer selected through competitive process would become entitled to appointment with full protection of law---High Court dismissed constitutional petition and directed Secretary Industries to appoint Managing Director through competitive process to be commenced with proper advertisement and completed within specified time, and till then most senior employee of Corporation having requisite qualifications and experience be appointed as its Acting Managing Director. ORDER SHAUKAT AZIZ SIDDIQUI, J.--- Petitioner invoked the constitutional jurisdiction of this court by way of filing instant writ petition with the following prayer:--- "In the circumstances, it is Most respectfully prayed that by…

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