Case Details

Citation(s)
2017 SLG 766 2017 SLD 766 2017 PLC 981
Lahore High Court
Writ Petition No. 40732 of 2016, heard on 16-03-2017.
SYED MANSOOR ALI SHAH, CHIEF, JUSTICE
Petitioner(s) by: Sheraz Zaka Nasar Ahmad, Deputy Attorney General for Pakistan. Ms. Hina Hafeezullah Ishaq, Assistant Attorney General for Pakistan. Anwaar Hussain and Ahmad Hassan Khan, Assistant Advocates General, Punjab.

SYED MANSOOR ALI SHAH, CHIEF JUSTICE TALIB HUSSAIN

VS

PRINCIPAL SECRETARY TO CHIEF MINISTER AND OTHERS Muhammad Mumaz, Child Protection Officer (Legal). Ms. Saba, Child Protection Officer (Legal) and Hafiz Arshad Mehmood, Law Officer, S&GAD (Regulati

Law: Civil Protection and Welfare Bureau (Appointment and Conditions of Service) Rules, 2010

Section: R.3, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

Law: Punjab Destitute and Neglected Children Act, 2004

Section: 6,13,49

Civil Protection and Welfare Bureau (Appointment and Conditions of Service) Rules, 2010--- ----R. 3 & Sched.---Punjab Destitute and Neglected Children Act (XVIII of 2004), Ss.13, 6 & 49---Constitution of Pakistan Art.199---Constitutional petition---Civil Service---Recruitment---Director-General of the Punjab Child Protection and Welfare Bureau---Additional charge---Scope---Petitioner impugned appointment of respondent on additional charge as the Director-General of the Provincial Child Protection and Welfare Bureau on the ground that the same was done in contravention of Child Protection and Welfare Bureau (Appointment and Conditions of Service) Rules, 2010---Validity---Appointment of Director-General of the Bureau was provided for in the Schedule to Child Protection and Welfare Bureau (Appointment and Conditions of Service) Rules, 2010, which clearly stated that an officer from DMG/Ex-PCS/PSSS/PMS could be posted on the same, and the Punjab Destitute and Neglected Children Act, 2004 or Rules framed thereunder, did not provide for appointment of Director-General on "additional charge"---Appointment of respondent was therefore made without lawful authority and respondent was directed to relinquish the post forthwith---Constitutional petition was allowed, accordingly. Barrister Sardar Muhammad v. Federation of Pakistan and others PLD 2013 Lah. 343 and Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others PLD 2012 SC 132 rel. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, C.J.--- Through the instant petition, the petitioner challenges the appointment of respondent No.3 namely Fatima Sheikh, who was appointed as Director General, Child Protection and Welfare Bureau, Punjab on additional charge vide order dated 15.10.2014 issued by the Services and General Administration Department, Government of the Punjab. 2. Learned counsel for the petitioner while giving factual background submits that the Punjab Child Protection Bureau is established under the Punjab Destitute and Neglected Children Act, 2004 ("Act"). The Act envisages a Board of Governors of the said Bureau under section 6 of the Act, while under…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492