| Citation(s) |
|---|
| 2021 SLG 2803 2021 SLD 2803 2021 PLC 738 |
Supreme Court of Pakistan
Civil Appeal No. 59-P of 2011, decided on 5th October, 2020, Date of hearing: 5th October, 2020. (On appeal against the judgment dated 12.01.2010 passed by Peshawar High Court, Peshawar in Writ Petition No. 3372 of 2009)
FAISAL ARAB, JUSTICE, IJAZ UL AHSAN, JUSTICE
Amjad Ali, Advocate Supreme Court and Muhammad Ajmal Khan, Advocate-on-Record for Appellant. Shumail Ahmed Butt, A.G. Khyber Pakhtunkhwa for
Respondents Nos. 1 - 4. Khalid Rehman, Advocate Supreme Court for
Respondent No. 5.
Civil Appeal No. 59-P of 2011, decided on 5th October, 2020, Date of hearing: 5th October, 2020. (On appeal against the judgment dated 12.01.2010 passed by Peshawar High Court, Peshawar in Writ Petition No. 3372 of 2009)
FAISAL ARAB, JUSTICE, IJAZ UL AHSAN, JUSTICE
Amjad Ali, Advocate Supreme Court and Muhammad Ajmal Khan, Advocate-on-Record for Appellant. Shumail Ahmed Butt, A.G. Khyber Pakhtunkhwa for
Respondents Nos. 1 - 4. Khalid Rehman, Advocate Supreme Court for
Respondent No. 5.
QAISAR KHAN
VS
GOVERNMENT OF KHYBER PAKHTUNKHWA THROUGH SECRETARY HOME AND TRIBAL AFFAIRS AND OTHERS
Law: Khyber Pakhtunkhwa Public Service Commission Regulations, 2003
Section: 20(C),20(g)
Khyber Pakhtunkhwa Public Service Commission Regulations, 2003--- ----Reglns. 20(c) & 20(g)---Domicile certificate---Renunciation of domicile by implication---Scope got employment as Lecturer on the domicile of “Tribal area” but subsequently, he applied for the post of Sub-Inspector Legal in the settled area claiming himself to be the holder of domicile of “Mardan”---Held, that respondent had obtained employment as Sub-Inspector Legal by producing domicile of Mardan and apparently, when such domicile was produced it stood final---Clause (g) of Regln. No. 20 of Khyber Pakhtunkhwa Public Service Commission Regulations, 2003 made provision for renouncement of domicile of settled District for obtaining of category 'B' domicile of Tribal area---No such requirement apparently was mentioned in the Regulations for obtaining of domicile of settled area like 'Mardan'---In any case, once respondent had produced the domicile of Mardan, its implication was that he had renounced the domicile of Tribal area and no more remained the resident of the said Agency had never argued that respondent had obtained domicile certificate from 'Mardan' through malpractice or some mis-declaration, nor any material to such effect was available on the record---Appeal was dismissed. ORDER GULZAR AHMED, C.J.--- We have heard the learned counsel for the parties and perused the record. 2. Learned counsel for the appellant has contended that respondent No. 5 earlier had got employment as Lecturer on the domicile of Mohmand Agency but subsequently, he applied for the post of Sub-Inspector Legal in the settled area claiming himself to be the holder of domicile of Mardan. The appellant also applied for the post of Sub-Inspector Legal. Respondent No. 5 secured first position in the test and interview while appellant secured second position, as such, respondent, No. 5 was appointed as Sub-Inspector Legal. The appellant filed a Writ Petition in the Peshawar High Court which vide impugned order dated…
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