Case Details

Citation(s)
2017 SLG 783 2017 SLD 783 2017 PLC 1137
Lahore High Court
W.P. No. 9938 of 2017, heard on 14-06-2017.
SYED MANSOOR ALI SHAH, CHIEF, JUSTICE
Petitioner(s) by: Muhammad Azhar Siddique and Muhammad Rizwan Gujjar Anwar Hussain and Ahmad Hasan Khan, Additional Advocates General, Punjab.
Respondent(s) by: Hafiz Muhammad Saleem No. 12.

Lahore HIGH CURT SYED MANSOOR ALI SHAH, CHIEF JUSTICE MUHAMMAD AHMAD SAMDANI

VS

GOVERNMENT OF PUNJAB AND OTHERS Muhammad Nawaz Manik, Director (Law), Environment Protection Department, Punjab. Mian Ejaz Majeed, Deputy Director (L&E) Environmental Pr

Law:

Section:

Civil service--- ----Recruitment for public posts---Petitioner impugned appointment of respondent as Project Director against advertisement of the said post by Punjab Environmental Protection Agency---Contention of the petitioner, inter alia, was that the said appointment and process of recruitment was not transparent and tainted with mala fide---Validity---Allegations that respondent was removed by High Court in an earlier Constitutional petition was not relevant as the said removal was not due to any personal disqualification of the respondent and had no bearing on his present appointment---Contention that there was a pending inquiry into the respondent before National Accountability Bureau was also not relevant as pendency of an inquiry was not a disqualification---Petitioner himself did not hold the requisite qualification for the post as he did not hold a degree from a foreign university, hence, petitioner himself had no right to the post of the Project Director---Nothing therefore existed on record to establish that the process of appointment in any way was tainted or tailored to promote the case of respondent and allegations of petitioner were not substantiated by the record, hence appointment of respondent Project Director from the existing record did not appear to be illegal or based on mala fide---Constitutional petition was dismissed, in circumstances. Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others PLD 2012 SC 132; and Engr. Ghazanfar Ali Khan and others v. F.O.P. and others PLD 2014 Lah. 375 ref. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, C.J.--- Brief facts of the case are that Environmental Protection Agency, Punjab ("EPA") advertised certain posts including the post of Project Director for a scheme launched for the EPA under the name and title of "Capacity Building of EPA Punjab for Enforcement of Environment Standards in Punjab including Combined Effluent Treatment Plants (CETPs) and Industrial Estates (IEs) under J&C Program". It is submitted that petitioner applied for the said post, however, was not selected. Grievance of the petitioner is that process adopted for the…
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