Law:

Section:

(a) Drugs Act (XXXI of 1976)----S. 31(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Chairman of Drug Court, appointment of---Contractual appointment made without following proper procedure and prescribed guidelines---Legality---Petitioner was appointed as Chairman of Drug Court vide notification for a period of 2 years on contract basis with effect from the date of assumption of charge or till further orders, whichever was earlier---Subsequently competent authority issued another notification vide which respondent was appointed in place of the petitioner---Contention of petitioner was that his appointment was for a period of 2 years, therefore, respondent could not have been appointed in his place---Validity---Appointment of petitioner and respondent both were made without following the procedure and prescribed guidelines provided by SI. No. 89 of ESTACODE---Reasons for cancellation/termination of appointment of petitioner were not assigned, and similarly reasons for appointing respondent in place of petitioner were also not assigned---Even requirement of 30 days' notice or payment of basic salary in lieu thereof, had not been fulfilled---Contracts of appointment of both petitioner and respondent were incomplete and thus a nullity in the eyes of law---Notifications vide which petitioner and subsequently respondent were appointed were declared to be null and void---High Court directed the concerned authorities to proceed with appointment of Chairman of Drug Court by adopting the procedure laid down under the law, rules and guidelines provided for such purpose---Constitutional petition was disposed of accordingly. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Contractual appointment made in violation of the rules---Power of High Court to interfere in such appointment---Scope---Functionaries (competent authority) did not have prerogative or unfettered discretion to delay matters of appointment by adopting a procedure which was beyond the rules, and then to rectify such mistake by issuing supporting notifications and additional orders. Constitutional Petitions Nos.23 and 11 of 2012 ref. (c)…

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