Law:

Section:

Constitution of Pakistan--- ----Arts. 199 & 3---Constitutional petition---Civil service---Advertisement for appointment of Constables in Police Department---Involvement of candidate in criminal case---Effect---Double jeopardy---Scope---Appointment of petitioner was refused due to his involvement in criminal case---Contention of candidate was that he had been exonerated and acquitted from the said criminal case---Validity---Every person was presumed to be innocent unless proved guilty---Person though involved in criminal case if acquitted was to be considered as a person against whom no case was ever registered---Any condition creating impediment on the job in the department on the basis of acquittal in criminal case would not and should not be read as disqualification---Impugned order passed by the department was set aside and Authority was directed to decide the representation of candidate in accordance with law which should be deemed to be pending before him---Constitutional petition was disposed accordingly. Muhammad Nadeem Arif and others v. Inspector General of Police, Punjab, Lahore and others 2011 SCMR 408 and Asghar Ali and others v. Mansoor Muzaffar Ali and others 2012 PLC (C.S.) 502 ref. Director-General, Intelligence Bureau, Islamabad v. Muhammad Javed and others 2012 SCMR 165; Chairman Agricultural Development Bank of Pakistan and another v. Mumtaz Khan PLD 2010 SC 695; Superintending Engineer Gepco, Sialkot v. Muhammad Yousaf 2007 SCMR 537; Muhammad Aslam v. Sabir Hussain and others 2009 SCMR 985 and Dr. Muhammad Aslam v. Government of N.W.F.P through Secretary, Food, Agriculture, Livestock and Cooperative Department,. Peshawar and 2 others 1998 SCMR 1993 rel. THIS ORDER PASSED BY: ALI BAQAR NAJAFI, JUSTICE:---.--- Through this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner calls in question order dated 20.04.2016 whereby appointment of the petitioner as security constable particularly meant for the security of foreigners specially Chinese was refused on the basis that the petitioner was involved in a criminal case. 2. Brief facts giving rise to the filing of this writ…

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