Case Details

Citation(s)
2018 SLG 580 2018 SLD 580 2018 PLC 174

C.P. No. 105 of 2016, decision Date : 28-3-2017, hearing Dates: 3rd, 11th, 17th May, 2016 and 16th December, 2016.

Abdur Razzaq Sharr for Petitioner. Dawood Khan Kasi and Masood Tareen for
Respondents Nos.3 and 4. Abdul Lateef Kakar, Assistant Advocate General along with Dilawar Khan Kasi, Law Officer Balochistan Public Service Commission, Quetta for State.

NASIR ALI

VS

CHAIRMAN BALOCHISTAN PUBLIC SERVICE COMMISSION AND 4 OTHERS

Law: Police Rules, 1934

Section: 27,27.39

Law: Criminal Procedure Code (V of 1898)

Section: 4(1)(t),190,492,494,495

(a) Balochistan Prosecution Service (Constitution, Functions and Powers) Act (VI of 2003)--- ----S. 2 (m)---Balochistan Police Act (X of 2011), S.42---Police Rules, 1934, Vol. III, Chap. XXVII, Rr.27.1 to 27.39---Criminal Procedure Code (V of 1898), Ss.4(1)(t), 173, 190, 492, 493, 494 & 495---Advertisement for appointment of District Attorney and Assistant District Attorney---"Public Prosecutor" and "Prosecuting Inspector"---Contention of petitioners was that "Prosecuting Inspectors" and "Prosecuting Sub-Inspectors" did not fall within the definition of "Pleader" or "Public Prosecutor" and they could not be appointed District Attorney and Assistant District Attorney---Validity---"Prosecuting Inspector" and "Prosecuting Sub-Inspector" discharged functions before the Judicial Magistrate, exercise powers and fulfilled duties within the meaning of Ss.493, 494 & 495, Cr.P.C.---Experience of "Prosecuting Inspector" and "Prosecuting Sub-Inspector" was to be considered as "Public Prosecutor"---"Prosecuting Inspectors" being "Public Prosecutors" qualified to take examination for the posts of District Attorney and Assistant District Attorney---Chairman Public Service Commission awarded more than fifty percent marks to the petitioner candidate who could not secure first position for single post of District Attorney---Petitioner made bald allegations against the Chairman Public Service Commission---Whenever aspirant candidate could not qualify the test/examination, he/she tried to level baseless allegations against the recruiting agency/interviewing committee---Such practice on the part of a practicing lawyer was to be condemned and discouraged---No one was to be allowed to ruin the professional ethics or defame and demoralize the integrity of any individual---Petitioner had failed to allege any previous enmity or animus against Chairman Public Service Commission---Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Question of fact was not amenable to the constitutional jurisdiction of High Court. (c) Prosecutor--- ----Scope and meaning. Blacks' Law Dictionary…
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