Law:

Section:

Balochistan Civil Servants Act (IX of 1974)-------S. 14---Balochistan Development Authority Act (X of 1974), S.16---Constitution of Pakistan Art. 199---Quo warranto, writ of---Posts of Chairman, Balochistan Development Authority and Member Technical of Chief Minister's Inspection Team---Re-employment of respondent as the Chairman by his own order after attaining age of superannuation---Validity---Record showed statement of respondent to the effect that though he could not issue such order in his own favour, but he did so---Nothing on record to show that either respondent or any one else had rescinded such order of his re-employment as Chairman---Such re-employment of respondent after attaining age of superannuation was violative of S.14 of Balochistan Civil Servants Act, 1974---Summary forward to Chief Minister neither disclosed necessity of re-employment of respondent nor stated that same was in public interest---Appointment as Chairman could be made under law with prior approval of authority next above appointing authority, but respondent had violated the law---Subsequent appointment of respondent as Member was also illegal as nothing was on record to justify his such appointment in terms of S.14(1) of Balochistan Civil Servants Act, 1974---Chief Secretary and three Provincial Secretaries had not supported re-employment of respondent, but Chief Minister had preferred the opinion of respondent---Chief Minister had no power under Rules of Business to substitute his personal opinion for professional opinion of such Secretaries and Chief Secretary---High Court set aside re-employment of respondent as Chairman and Member of Balochistan Development Authority for being illegal. Chamber of Commerce and Industry v. Director-General QDA PLD 2012 Quetta 31; Masood-ul-Hassan v. Khadim Hussain PLD 1963 SC 203; Manzoor Hussain Gilani v. Sain Mullah PLD 1993 SC (AJ&K) 12; Parameswaran v. State Prosecutor AIR 1951 Travancore-Cochin 45; Hamdullah v. Saifullah Khan PLD 2007 SC 52; Fazl-e-Haq, Accountant-General, West Pakistan v. The State PLD 1960 SC 295; Ali Muhammad v. Chief Settlement Commissioner 2001 SCMR 1822; Pakistan v. Abdul Hamid PLD 1961 SC 105; Khan Faizullah…

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