| Citation(s) |
|---|
| 2012 SLG 702 2012 SLD 702 2012 CLC 1994 |
Peshawar High Court
Writ Petitions Nos.252 and 263 of 2012, decision dated: 28-06-2012
MAZHAR ALAM KHAN MIANKHEL AND KHALID MEHMOOD, JJ
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Writ Petitions Nos.252 and 263 of 2012, decision dated: 28-06-2012
MAZHAR ALAM KHAN MIANKHEL AND KHALID MEHMOOD, JJ
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MUHAMMAD HAMAYOON KHAN
VS
D.C.O./COMMANDANT LEVIES and others
Law: Malakand Levies Rules 1962
Section: 2(iii),3(iii)
Law: Malakand Levies Rules 1962
Section: 2(iii),3(iii)
(a) Malakand Levies Rules 1962-------Rr. 2 & 3---Constitution of Pakistan, Art.199---Constitutional jurisdiction of High Court---Scope---Civil service---Request for assignment of charge---Petitioner impugned request for assignment of charge to respondents made by the District Coordination Officer---Validity--- No order detrimental to the rights of the petitioner was passed by any Authority and the petitioner had impugned a request made by the Chief Coordinator to the Prime Minister Secretariat which would not termed as an order affecting rights of the petitioner---Petitioner had no locus standi to file the constitutional petition---Constitutional petition, being not maintainable, was dismissed. (b) Malakand Levies Rules 1962-- ----Rr. 2 & 3---Constitution of Pakistan, Art.199---Constitutional petition---Subedars---Malakand Levies Rules, 1962 were not the statutory rules governing the service of (he parties (subedars), and Constitutional petition, in circumstances, was not maintainable. Suo Motu Case No.24 of 2010 etc., PLD 2011 SC 277; Secretary Revenue Division, CBR/Federal Board of Revenue, Islamabad. v. Gul Muhammad and others 2011 SCMR 295; Executive Council, Allama Iqbal Open University, Islamabad, through Chairman and another v. M. Tufail Hashmi 2010 SCMR 1484; Muhammad Mubeen-us-Salam and 24 others v. Federation of Pakistan through Secy. M/o Defence Government of Pakistan and others 2010 SCMR 1904 and Pakistan Telecommunication Company Limited through General Manager and another v. Muhammad Zahid and 29 others 2010 SCMR 253 rel. Muhammad Yar Malazai for Petitioner. A.A.-G. for Respondents. Date of hearing: 28th June, 2012. JUDGMENT MAZHAR, ALAM KHAN MIANKHEL, J.--- The petitioner, the Subedar Major Hamayun Khan in Malakand Levies Force, District Malakand, being on extension given by District Coordination Officer/ Commandant Malakand Levies, vide office order dated 25-4-2012 w.e.f. 1-6-2012 to 31-5-2013 through his Writ Petition No.252 of 2012 has questioned the request for assignment of charge to Subedar Major Gul Roz Khan, Regimental No. 3356, Levies Force, the respondent No.5, whereas Subedar Gul Roz Khan through his separate connected Writ…
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