Case Details

Citation(s)
2018 SLG 1946 2018 SLD 1946 2018 PLJ 473
Lahore High Court
W.P. No. 11863 of 2017, decision & hearing Dated: 28.09.2017.
MUHAMMAD ALI, JUSTICE
Khawaja Qaiser Butt, Advocate for Petitioner. Mr. Muhammad Aurangzeb Khan, Asstt.A.G., Punjab along with Muhammad Shahzad DSP Legal, Muhammad Murtaza Inspector Legal and Muhammad Riaz Siyal for
Respondents.

MUHAMMAD USMAN

VS

INSPECTOR GENERAL OF POLICE, LAHORE AND OTHERS

Law:

Section:

Punjab Civil Servant (Appointment and Conditions of Service) Rules, 1974-- ----R. 24-A(2)--Petitioner applied for post of constable in Punjab Police--Declared successful in final interview and his name reflects in list of successful candidates--But not considered because of registration of criminal case--Petitioner acquitted in aforementioned case and order attained finality--On basis of accusation, petitioner cannot be declared as a man of bad character--Respondent is directed to consider petitioner for post of constable--Petition accepted. Zeba Shahnaz vs. Secretary Higher Education Department Punjab, Lahore and another 2016 PLC (CS) 83, ref. Punjab Civil Servant (Appointment and Conditions of Service) Rules, 1974-- ----R. 21-(2)--Satisfaction of appointing authority--Cannot empower authority to refuse appointment on a baseless ground. THIS ORDER PASSED BY: MUHAMMAD ALI, JUSTICE---.--- This constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, is directed against the order dated 02.08.2017 passed by Respondent No. 2, whereby the petitioner was not considered for appointment as a Constable on account of registration of a criminal case against him. 2. The facts in brief are that the petitioner pursuant to a publication made in the newspaper applied for the post of Constable; that the petitioner was declared successful in the final interview during the process of recruitment of Constables; that name of the petitioner reflected at Serial No. 47 of the list of successful candidates for appointment of constables for the year 2017; that the petitioner was not considered for the post because of registration of a criminal case against him i.e. case FIR No. 304 dated 23.06.2014, under Sections 324, 148 and 149 of Pakistan Penal Code, 1860 ("P.P.C") at Police Station Saddar Burewala, District Vehari. 3. The learned counsel for the petitioner contends that petitioner was honourably acquitted in the aforementioned case and copy of the order of acquittal was presented to the concerned officials which was not considered; that pursuant to order passed by this Court in Writ Petition No. 10017 of 2017 on 12.07.2017 Respondent…
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