Law: Constitution of Pakistan, 1973

Section: 184(3)

Law: Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015

Section: R.2, Schedule

Law: Companies Ordinance, 1984

Section: 187,201

Law: Public Sector Companies (Corporate Governance) Rules, 2013

Section: R.2A,5

(a) Constitution of Pakistan--- ----Arts. 184(3)---Constitutional jurisdiction under Art. 184(3) of the Constitution--- Writ of quo warranto---Locus standi/"aggrieved person"---For issuance of a writ of quo warranto, person/petitioner laying information before Court need not be an aggrieved person. Farzand Ali v. Province of West Pakistan PLD 1970 SC 98; Muhammad Naseem Hijazi v. Province of Punjab 2000 SCMR 1720 and Hamdullah v. Saifullah Khan PLD 2007 SC 52 rel. (b) Public Sector Companies (Corporate Governance) Rules, 2013--- ----Rr. 5 & 2A---Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015, R.2 & Sched.---Public sector companies---Recruitment and appointment---Appointment of Chief Executive Officer---Fit and proper criteria---Scope---Board of Directors of public sector company owed such company and stakeholders a fiduciary duty, performance whereof was solely for best interest of such company---Such Board of Directors, being responsible for planning, succession and appointment of a public sector company, had to evaluate a potential candidate for appointment on a fit and proper criteria, and must act independently, transparently, totally impartially and in an unbiased manner, so as to select the best and most suitable candidate strictly on merit---Suitability and eligibility of a candidate was ascertained through an objective procedure and appointment thereof needed to have nexus with object of the job. Muhammad Yasin v. Federation of Pakistan PLD 2012 SC 132 rel. (c) Public Sector Companies (Corporate Governance) Rules, 2013--- ----Rr. 5 & 2A---Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015, Rr. 2 & Sched.---Constitution of Pakistan, Art. 184(3)---Public sector companies---Recruitment and appointment---Appointment of Chief Executive Officer ("CEO") of Public Sector Company---Fit and proper criteria---Evaluation and due diligence by the Board of Directors---Question before Supreme Court concerned purported irregularities identified in appointment of respondent as CEO of the Public Sector Company and as well as his lack of eligibility to hold said office---Held, that work experience of respondent was not in…

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