| Citation(s) |
|---|
| 2021 SLG 1104 2021 SLD 1104 2021 SCMR 1883 |
Supreme Court of Pakistan
Civil Petitions Nos. 3431 and 3633 of 2021, decided on 8th September, 2021, Date of hearing: 8th September, 2021. (Against the judgment Dated 18.05.2021, passed by the High Court of Sindh, Circuit Court, Hyderabad in C.P. No. D-1104 of 2020)
IJAZ UL AHSAN, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
Afnan Karim Kundi, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.P. No. 3431 of 2021). Ch. Aamir Rehman, Additional Attorney General for Pakistan and Shams ul Haq, Section Officer, Law for Petitioner (in C
Civil Petitions Nos. 3431 and 3633 of 2021, decided on 8th September, 2021, Date of hearing: 8th September, 2021. (Against the judgment Dated 18.05.2021, passed by the High Court of Sindh, Circuit Court, Hyderabad in C.P. No. D-1104 of 2020)
IJAZ UL AHSAN, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
Afnan Karim Kundi, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in C.P. No. 3431 of 2021). Ch. Aamir Rehman, Additional Attorney General for Pakistan and Shams ul Haq, Section Officer, Law for Petitioner (in C
MUHAMMAD IMRAN AND OTHERS
VS
MUHAMMAD SAJAN PANHWAR AND OTHERS
Law: Pakistan Engineering Council Act, 1975
Section: 275(A)
Pakistan Engineering Council Act, 1975 (V of 1976)--- ----S. 27(5A)---Chief Executive Officer (CEO) of Public Sector Generation Holding Company Limited (GHCL) --- Qualification for appointment---High Court ordered removal of CEO of GHCL (the petitioner) on the grounds that he was holding the post of a professional engineer while being a Chartered Accountant---Contentions raised on behalf of petitioner that neither in the Public Sector Companies (Corporate Governance) Rules, 2013 nor in the Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015, there was any provision for the Chief Executive Officer to hold a degree in the field of Electrical or Mechanical Engineering and such had been wrongly construed by the High Court; that the petitioner was qualified to be appointed as the Chief Executive Officer of GHCL and there was no illegality in the same and the High Court was not justified in setting aside his appointment as such---Supreme Court granted leave to appeal to consider the contentions raised by the counsel for the petitioner and suspended the operation of the impugned of the High Court. ORDER GULZAR AHMED, C.J.--- Muhammad Imran, Petitioner in C.P. No. 3431/2021 and Respondent No. 5 in C.P. No. 3633/2021 (the petitioner) was appointed as Chief Executive Officer of Public Sector. Generation Holding Company Limited (GHCL). Muhammad Sajan Panhwar, Respondent No.1 in both C.Ps. (the respondent) claiming himself to be the Markazi Secretary General of WAPDA Employees Pegham Union, working in Jamshoro Power Company Limited (GENCO-I), filed a constitution petition in the High Court of Sindh, Circuit Court, Hyderabad (the High Court:) alleging that the petitioner was not qualified to be appointed as Chief Executive Officer of GHCL. In the constitution petition the respondent has taken a plea that petitioner was Fellow Member of the institute of Cost and Management Accountants and was not a qualified Engineer to undertake and perform the work of the Chief Executive Officer of GHCL, whose job was to produce electricity and thereafter, to sale the same to the National Grid for onward distribution to the public. The High Court in the impugned…
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