| Citation(s) |
|---|
| 2021 SLG 1050 2021 SLD 1050 2021 PLC 351 = 2026 YLR 2182 |
Islamabad High Court
Writ Petition No. 1634 of 2020, decided on 9th December,2020, Date of hearing: 4th November, 2020.
MIANGUL HASSAN AURANGZEB, JUSTICE
Muhammad Shahzad Siddiq for Petitioner.Muhammad Nadeem Khan Khakwani, learned Assistant-Attorney General for
Respondents.
Writ Petition No. 1634 of 2020, decided on 9th December,2020, Date of hearing: 4th November, 2020.
MIANGUL HASSAN AURANGZEB, JUSTICE
Muhammad Shahzad Siddiq for Petitioner.Muhammad Nadeem Khan Khakwani, learned Assistant-Attorney General for
Respondents.
RASHID MEHMOOD CHAUDHRYVSMINISTRY OF SCIENCE AND TECHNOLOGY AND ANOTHER
Law:
Section:
Civil service--- ----Scrapping of recruitment process---Scope---Petitioner assailed the departmental decision to scrap the recruitment process and sought direction to the department to issue him appointment letter as he was amongst the shortlisted candidates who were interviewed---Validity---No person was appointed pursuant to the recruitment process and the petitioner had re-applied for appointment in response to fresh advertisement, therefore, petitioners fundamental rights were not transgressed by the departmental decision---Establishment Divisions office memorandum provided inter alia that ministries/ divisions/ departments/ attached departments/ sub-ordinate offices/ autonomous bodies/ semi-autonomous bodies/ corporations authorities, etc were required to finalize the recruitment process within 120 days from the date of advertisement, which was not done in the present case and it was a valid ground for scrapping the recruitment process---Second ground on which the recruitment process was scrapped was that the Director General of the concerned department who was holding the post on look after charge basis had chaired the Departmental Selection Committee which was contrary to administrative instructions or policy contained in the office memorandum issued by Establishment Division on the subject of exercise of administrative/financial powers while holding look after charge---Constitutional petition was dismissed. JUDGMENT MIANGUL HASSAN AURANGZEB, J.---- Through the instant writ petition, the petitioner, Rashid Mehmood Chaudhry, seeks a direction to the respondents to issue him an appointment letter for the post of Director (Admin and Finance) (BS-19) against the Punjab quota in the Pakistan Halal Authority (P.H.A.). 2. Learned counsel for the petitioner submitted that in response to an advertisement issued on 15.01.2019, the petitioner participated in the competitive process for the said post; that the petitioner was interviewed and thereafter, he waited for the issuance of the appointment letter but the entire appointment process was scraped and a fresh advertisement has now been issued; and that the scraping of the earlier appointment process and issuance…