| Citation(s) |
|---|
| 2017 SLG 794 2017 SLD 794 2017 PLC 929 |
Sindh High Court
C.P. No. D-5048 of 2016, decision dated: 13-01-2017. dates of hearing: 31st October and 11th November, 2016.
MUHAMMAD ALI MAZHAR, JUSTICE, ABDUL MAALIK GADDI, JUSTICE
Petitioner(s) by: Khalid Jawed Khan
Respondent(s) by: No. 4 in person.
C.P. No. D-5048 of 2016, decision dated: 13-01-2017. dates of hearing: 31st October and 11th November, 2016.
MUHAMMAD ALI MAZHAR, JUSTICE, ABDUL MAALIK GADDI, JUSTICE
Petitioner(s) by: Khalid Jawed Khan
Respondent(s) by: No. 4 in person.
MUHAMMAD ALI MAZHAR, JUSTICE ABDUL MAALIK GADDI, JUSTICE AZHAR JAWAID THROUGH ATTORNEY
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY AND 3 OTHERS Sheikh Liaquat Hussain
Law: Constitution of Pakistan, 1973
Section: 199
Law: Federal Public Service Commission Ordinance, 1977
Section: 7(3)(a)(b)
Constitution of Pakistan---- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Policy decision---Petitioner was aggrieved of policy decision taken by Federal Government in the year, 1991 with regard to distribution of quota for Armed Forces personnel in appointments made through Federal Public Service Commission---Validity---Policy was evenhanded and not person specific moreover it had been in vogue since year, 1991, which otherwise did not infringe or intrude on any Fundamental Right of the petitioner for induction in Police Service of Pakistan beyond the benchmarks---Court does not sit in over a policy of government nor interfere or strike down it unless it is proved mala fide or made in colourful exercise of authority or power---High Court, in exercise of Constitutional jurisdiction, declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Ameer-ur-Rehman Khan v. Federal Public Service Commission 2002 CLC 1642; The Province of West Pakistan v. Ch. Din Muhammad and Zafar Ali Shah and others PLD 1964 SC 21; Fazal-I-Qadir v. Secretary, Establishment Division PLD 1988 SC 131; Collector of Customs (Appraisement) v. Messrs Saleem Adaya, Karachi PLD 1999 Kar. 76; Messrs Polyron Ltd. v. Government of Pakistan PLD 1999 Kar. 238; Human Rights Case No.14392/2013 and others 2014 SCMR 220 and Doctor Alyas Qadeer Tahir v. Secretary M/O CADD Education Islamabad 2014 SCMR 997 ref. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, J.--- This petition has been brought to challenge recommendation of Federal Public Service Commission (FPSC) for the induction of respondent No.4 in the Service of Pakistan in PSP Group. 2. The short-lived facts of the case are that the officers serving in the Armed Forces of Pakistan are eligible for induction in the Service of Pakistan in the three Occupational Groups i.e. District Management Group (DMG), Foreign Service of Pakistan (FSP) and Police Service of Pakistan (PSP) on recommendation of respondent No.2 in terms of Office Memorandum (O.M.) No.10(1)/91-CP/I dated 09.09.1991 (Sl. No.244, Estacode). The petitioner claims that on the basis of an unapproved and illegal proposal recorded in the…
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