Law: Punjab Civil Servants Act, 1974 

Section: 25(2)

Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii)

(a) Punjab Civil Servants Act (VIII of 1974)--- ----S. 25(2)---Estacode (Punjab) Chap. 2, Part II, 2010, S.117---Appointment on current charge basis in Pakistan Public Works Department---Scope---Current charge appointment was always made as temporary arrangement for a short span of time not beyond six months---Such appointment was to be made from amongst the most senior officers---Respondent being in lower grade and not eligible to be appointed on current charge basis had been appointed for the said post despite availability of other competent and eligible officer---Appointment of respondent as on current charge basis was violative of law which was declared without lawful authority---Impugned notification was set aside and the post was declared as vacant which should be filled in accordance with law---Constitutional petition was allowed in circumstances. Tariq Aziz-ud-Din and others: in re Human Rights Nos.8340, 9504-G, 13936-G, 13635-P and 14306-G to 143309-G of 2009 (2010 SCMR 1301) and Muhammad Asif Chatha and others v. Chief Secretary, Government of Punjab, Lahore and others 2015 SCMR 165 rel. (b) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Quo-warranto, writ of---Scope. The proceedings in the writ of quo warranto are inquisitorial so anybody can move for the same and it is upto the judicial conscious of the Court to see as to whether the same qualifies the yardsticks laid down in Article 199(1)(b)(ii) of The Constitution. The said article is meant to control the exercise of unbridled powers by the executive for making appointments to public offices against the law and also to protect a citizen from being deprived of a public office to which he had a right. In terms of Article 199(1)(b)(ii) it is within the judicial domain of the Court to call upon the holder of any public office to show as to by what right he is holding the said office, if there is some dispute with regard to his competency to hold such office on the basis of lack of transparency, favoritism, nepotism or personal whims of the executive. Barrister Sardar Muhammad v. Federation of Pakistan and others PLD 2013 Lah. 343 rel. (c) Civil Servants Act (LXXI of 1973)--- ----S.…

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