| Citation(s) |
|---|
| 2015 SLG 127 2015 SLD 127 = 2015 PLD 6 |
Supreme Court of Pakistan
Civil Petition No. 2124 of 2013 and C.M.As. Nos. 1079 and4821 of 2014, decided on 14th November, 2014. DATE ofHearing: 30th October, 2014. (On appeal against the orderdated 10-10-2013 passed by Islamabad High Court, Islamabadin I.C.A. No. 1005 of 2013
NASIR UL MULK, C.J., AMIR HANI MUSLIM AND IJAZ AHMED CHAUDHRY, JJ
Abdul Rahim Bhatti Advocate Supreme Court for Petitioner. Khurram Mumtaz Hashmi, Advocate Supreme Court for
Respondent (3). Salman Aslam Butt, Attorney General and Muhammad Waqar Rana, Additional Attorney General for Federation.
Civil Petition No. 2124 of 2013 and C.M.As. Nos. 1079 and4821 of 2014, decided on 14th November, 2014. DATE ofHearing: 30th October, 2014. (On appeal against the orderdated 10-10-2013 passed by Islamabad High Court, Islamabadin I.C.A. No. 1005 of 2013
NASIR UL MULK, C.J., AMIR HANI MUSLIM AND IJAZ AHMED CHAUDHRY, JJ
Abdul Rahim Bhatti Advocate Supreme Court for Petitioner. Khurram Mumtaz Hashmi, Advocate Supreme Court for
Respondent (3). Salman Aslam Butt, Attorney General and Muhammad Waqar Rana, Additional Attorney General for Federation.
GHULAM RASOOLVsGOVERNMENT OF PAKISTAN through Secretary, Establishment Division Islamabad and others
Law: Civil Servants Act, 1973
Section: 2(b)
Law: Constitution of Pakistan, 1973
Section: 90,184(3),199
(a) Civil Servants Act (LXXI of 1973)-------S. 2(b)---Employee of Inter Services Intelligence (ISI), belonging to surveillance cadre, status of---Civil servant---Petitioner, who was an employee of the Inter Services Intelligence, enjoyed the status of civil servant in terms of S.2(b) of the Civil Servants Act, 1973--- Appointment letter of petitioner had also been issued under the said Act and the proper forum for redressal of his grievance was the Federal Service Tribunal.(b) Constitution of Pakistan------Art. 90---Constitutional posts--: Heads of Statutory bodies and Public sector companies---Appointment---Plea of Federal Government that it was facing difficulties in appointments to such offices in view of the direction given by the Supreme Court in the Khawoja Muhammad Asif v. Federation of Pakistan (2013 SCMR 1205), wherein it was directed that a Commission should be constituted for appointments to certain offices in statutory bodies, autonomous bodies, semi-autonomous bodies, regulatory bodies etc; that some of said offices were created by statutes providing their own procedure for appointment, and, therefore, anomalies would arise in case such appointments were made by a Commission in accordance with the directions given by the Supreme Court---Validity---Various Acts/Ordinances laid down a specific criteria/qualifications for high-level appointments and empowered the Federal Government to make such appointments---In view of Art. 90 of the Constitution it was the exclusive preserve of the Federal Government to appoint heads of , statutory bodies, autonomous bodies, semi-autonomous bodies, regulatory bodies etc. and also to make appointments on merit under the Acts/Ordinances---Appointments of heads of statutory bodies, autonomous/semi-autonomous bodies, corporations, regulatory authorities etc. were governed under specific statutory provisions which could not be overlooked or substituted by some other mechanism---In light of the observations/directions given in the Khawaja Muhammad Asif v. Federation of Pakistan (2013 SCMR 1205), the legal authority for appointments had been vested in a Commission and its recommendations were made binding upon the Prime…