| Citation(s) |
|---|
| 2017 SLG 767 2017 SLD 767 2017 PLC 984 |
Supreme Court of Pakistan
Suo Motu Case No. 18 of 2016 and C.M.As. Nos. 7067, 7587,8198 and 8495 to 8498 of 2016, C.M.As. Nos. 85, 142, 363,422, 423, 424, 551, 773, 945, 946 and 967 of 2017, decisiondated: 13-03-2017. Hearing dated: 22-02-2017. (Suo MotuAction Regarding Eligib
AMIR HANI MUSLIM, JUSTICE, QAZI FAEZ ISA, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Ms. Asma Jahangir, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.M.A. No. 142 of 2017).Raja M. Ibrahim Satti, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.M.A. No.
Suo Motu Case No. 18 of 2016 and C.M.As. Nos. 7067, 7587,8198 and 8495 to 8498 of 2016, C.M.As. Nos. 85, 142, 363,422, 423, 424, 551, 773, 945, 946 and 967 of 2017, decisiondated: 13-03-2017. Hearing dated: 22-02-2017. (Suo MotuAction Regarding Eligib
AMIR HANI MUSLIM, JUSTICE, QAZI FAEZ ISA, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Ms. Asma Jahangir, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record (in C.M.A. No. 142 of 2017).Raja M. Ibrahim Satti, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record (in C.M.A. No.
SUO MOTU ACTION REGARDING ELIGIBILITY OF CHAIRMAN AND MEMBERS OF SINDH PUBLIC SERVICE COMMISSION ETC.: IN THE MATTER OFQAZI FAEZ ISA, JUSTICEMAZHAR ALAM KHAN MIANKHEL, JUSTICEDr. Shah Nawaz Mirani in person (in C.M.A. 424 of 2017).Nasir Mehmood Mu
Law: Constitution of Pakistan, 1973
Section: 17,18,25,27,184(3),242,242(1B),260
Law: Sindh Public Service Commission Act, (XI of 1989)
Section: 3(2)(3)(4),4(1),7(i)
(a) Civil service-------Efficient civil service system---Significance---Robust and efficient civil service system, allows for smooth governance, whereas a weak and corrupt system disables the government---Without a properly functioning civil service, even the most basic functions and workings of the government become an enormous task.(b) Constitution of Pakistan-------Arts. 184(3) & 242---Sindh Public Service Commission Act (XI of 1989), S. 7(i)---Suo motu action regarding eligibility of Chairman and Members of Sindh Public Service Commission ('Commission')---Nepotism and corruption in selection and appointment process for civil servants---Matter of 'public importance'---Appointments in the civil service had to be made in accordance with the Constitution---Serious challenge to the selection and appointment process was clearly, therefore, a matter of 'public importance'---Suo motu case was disposed of accordingly.(c) Constitution of Pakistan-------Arts. 18, 25, 27, 184(3) & 242---Sindh Public Service Commission Act (XI of 1989), S. 7(i)---Suo motu action regarding eligibility of Chairman and Members of Sindh Public Service Commission ('Commission')---Nepotism and corruption in selection and appointment process for civil servants---Contravention of Fundamental Rights---When through a discriminatory selection process civil servants were selected and appointed, it would infringe Art. 27 of the Constitution which stated that, "No citizen otherwise qualified for appointment in the service of Pakistan shall be discriminated against"---Article 25 of the Constitution, prescribing the equality of citizens, was another Fundamental Right which was attracted if all those who were tested and interviewed were not treated equally---Present matter also involved the contravention of the Fundamental Right in Art. 18 of the Constitution, which mandates, that, "every citizen shall have the right to enter upon any lawful profession or occupation"---Suo motu case was disposed of accordingly.(d) Constitution of Pakistan-------Arts. 184(3) & 242---Sindh Public Service Commission Act (XI of 1989), Ss. 3(2), 4(1) & 7(i)---Suo motu action regarding eligibility of Chairman…