| Citation(s) |
|---|
| 2019 SLG 3140 2019 SLD 3140 2019 PLC 1429 |
W.P. No. 149 of 2018, decision & hearing Dated: 09-05-2019.
ALI BAIG, JUSTICE
Petitioner(s) by: Raja Shakeel Ahmed
Respondent(s) by: Assistant Advocate-General
MINHAS HUSSAIN AND 9 OTHERS
VS
GOVERNMENT OF GILGIT BALTISTAN THROUGH CHIEF SECRETARY GILGIT BALTISTAN AND 4 OTHERS
Law: Gilgit-Baltistan (Empowerment and Self Governance) Order, 2009
Section: 71(2)
Law: Anti Terrorism Act, 1997
Section: 4(1)
Civil service--- ----Appointment of members of administrative courts and tribunals---Procedure---Petitioners being members of District Judiciary had sought appointment of members of administrative courts and tribunals from the judicial officers of the Province with consultation of Chief Justice---Validity---Held, appointment of members of administrative Courts and Tribunals were to be made through meaningful consultation with the Chief Justice of the Province---Authorities had not made consultation with the Chief Justice while making said appointment of members of administrative Courts and Tribunals which was contravention of mandatory provision of law---Authorities were directed by the Chief Court to make appointments of members of administrative courts and tribunals after consultation with Chief Justice preferably from the judicial officers of district judiciary---Writ petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.---- Through the instant writ petition filed under section 71(2) of Gilgit Baltistan (Empowerment and Self Governance) Order, 2009 read enabling articles of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have sought the following remedies:- 2. In the light of above mentioned facts it is, therefore, humbly prayed that to meet the ends of justice this Hon'ble Court may kindly be accepted this writ petition by granting the following reliefs :- (a) Process of advertisement published in News Paper on 5th September 2018, inviting applications for appointment of Banking Judge in Banking Court Gilgit-Baltistan may kindly be declared null and void. (b) The respondents may be directed to fill the advertised posts amongst the Judicial Officers of District Judiciary Gilgit-Baltistan after consultation with the Chief Judge Chief Court Gilgit-Baltistan. (c) The respondents may also be directed that in future if the posts of Judge of Anti-Terrorism Court, Judge of NAB Court, Member of Service Tribunal GB become vacant the appointment be made as per law and procedure enumerated in the law i.e. the post shall be filled by the respondents amongst the Judicial Officers Gilgit-Baltistan after meaningful…
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