Case Details

Citation(s)
2014 SLG 2721 2014 SLD 2721 2014 PLD 38
Islamabad High Court
Writ Petition No. 4451 of 2013, decided on 13th January,2014. heard on: 13th December, 2013.
NOOR-UL-HAQ N. QURESHI, JUSTICE
Babar Sattar along with Ms. Sarah Rehman for Petitioner.Muhammad Akram Sheikh, along with Ch. Hassan Murtaza Mann, for
Respondent No.1.Muhammad Shoaib Shaheen for
Respondent No.2.

MUHAMMAD TARIQ MALIKVSPAKISTAN THROUGH SECRETARY ESTABLISHMENT DIVISION AND 2 others

Law:

Section:

(a) National Database and Registration Authority Ordinance (VIII of 2000)---.--- ---.----Ss. 3(5), (7) & (12)---.---Constitution of Pakistan, Art. 199---.---Constitutional petition---.---Chairman, National Database and Registration Authority ("NADRA")---.---Removal from office---.---Legality---.---Mala fides of Government---.---Petitioner was appointed as Chairman, NADRA---.---Federal Government removed petitioner from his office on the basis that he had been appointed by the previous Government without following the proper procedure in law; that his appointment was based on his political affiliations; that he was involved in corrupt practices and committed pilferage of millions of rupees---.---After removal of petitioner from office Federal Government appointed respondent as Acting Chairman, NADRA---.---Legality---.---Notification of petitioner's appointment showed that he was appointed as Chairman, NADRA in accordance with S.3(5) of National Database and Registration Authority Ordinance, 2000, and said post was a tenure post---.---Petitioner could not have been removed from office of Chairman except by adopting the procedure for termination from such office provided under S.3(12) of National Database and Registration Authority Ordinance, 2000---.---Even if appointment of petitioner was illegal as argued by Federal Government, his removal from office should not have taken place by an illegal procedure, and he should have been provided an opportunity of hearing---.---Federal Government did not argue the reasons it had provided in its summary by which petitioner was removed from office---.---Instead of following the law Federal Government had adopted a threatening attitude, which indicated that the Government frightened the petitioner with regard to his future actions in case he decided contrary to the wishes of the Government---.--- Such conduct by Government showed its ill-attitude, bad governance and its ill-design plans for the future---.--- Federal Government avoided to refer the case of petitioner to the Federal Commission for Selection of Heads of Public Sector Organizations, which had been formed on the directions of the Supreme Court and had the…
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