| Citation(s) |
|---|
| 2017 SLG 738 2017 SLD 738 2017 PLC 533 |
Islamabad High Court
I.C.A. No. 281 of 2015, decision dated: 17-03-2016. Hearingdated: 03-02-2016.
AAMER FAROOQ, JUSTICE, MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Baz Muhammad Kakar and Babar Sohail
Respondent(s) by: Syed Hasnain Ibrahim Kazmi, Deputy Attorney-General; Altaf Asghar, Joint Secretary (Admn) and Muhammad Faridoon, Section Officer Ministry of Commerce
I.C.A. No. 281 of 2015, decision dated: 17-03-2016. Hearingdated: 03-02-2016.
AAMER FAROOQ, JUSTICE, MIANGUL HASSAN AURANGZEB, JUSTICE
Petitioner(s) by: Baz Muhammad Kakar and Babar Sohail
Respondent(s) by: Syed Hasnain Ibrahim Kazmi, Deputy Attorney-General; Altaf Asghar, Joint Secretary (Admn) and Muhammad Faridoon, Section Officer Ministry of Commerce
AAMER FAROOQ, JUSTICEMIANGUL HASSAN AURANGZEB, JUSTICEAZRA JAMALI AND OTHERSVSFEDERATION OF PAKISTAN THROUGH SECRETARY, MO COMMERCE AND ANOTHER
Law: Constitution of Pakistan, 1973
Section: 90(1),99(3),199,212,212(1)(2)(a)
Law: Federal Service Tribunals Act, (LXX of 1973)
Section: 4(1)(b)
Law: Rules of Business (Federal), 1973
Section: R.15(a)
(a) Constitution of Pakistan------- Arts. 199 & 212--- Constitutional petition--- Bar of jurisdiction---Principle--- Matter over which Service Tribunal does not have appellate jurisdiction, can lawfully be agitated before High Court in its Constitutional jurisdiction under Art.199 of the Constitution.(b) Constitution of Pakistan-------Art. 199---Constitutional petition---Policy decisions---Interference by High Court---Principle---High Court does not sit as an appellate authority over policy considerations and cannot examine correctness, suitability and appropriateness of policies---Executive has the authority to formulate a policy and Courts can interfere with it only if it violates fundamental rights enshrined in the Constitution or is opposed to the provisions of the Constitution or is opposed to a statutory provision---High Court cannot interfere with a policy either on the ground that it is erroneous or that a better and fairer alternative was available---Administrative actions and polices of government which relate to enforcement of fundamental rights of people and are of public importance, must be framed in consonance with the policy of law and mandate of the Constitution.Ghiasuddin v. Ghulam Mohyuddin 2005 SCMR 471 rel.(c) Rules of Business, 1973-------Part-C, R.15(a)---Letter of appointment/posting---Policy decision---Interference by High Court---Appellants were government officials who were serving as Trade Officers at various overseas diplomatic missions and they were aggrieved of Strategic Trade Policy Framework, 2012-2015---Validity---No occasion existed to interfere with decision dated 10-2-2015, taken by Prime Minister of Pakistan on the recommendation of the Ministry of Commerce contained in its summary dated 30-5-2014---Terms of letter of appointment/posting could not override a decision made under R.15(a) of Part-C of Rules of Business, 1973---Appellants had worked as Trade Officers for more than two years and in accordance with the policy decision taken by competent authority on 10-2-2015, they must return and serve wherever posted by their departments---Such officers did not have a 'vested right to remain posted at a particular…