| Citation(s) |
|---|
| 2020 SLG 1224 2020 SLD 1224 2020 PLC 460 |
Islamabad High Court
W.P. No. 4149 of 2018, decided on 3rd February, 2020, Datesof hearing: 16th October, 2019 and 30th January, 2020.
MIANGUL HASSAN AURANGZEB, JUSTICE
Jahanzeb Sukhera for Petitioner.Khurram M. Hashmi, Advocate for respondent No.4.Sajeel Sheryar Swati and Ch. Hassan Murtaza Mann, Advocates/Amici Curiae
W.P. No. 4149 of 2018, decided on 3rd February, 2020, Datesof hearing: 16th October, 2019 and 30th January, 2020.
MIANGUL HASSAN AURANGZEB, JUSTICE
Jahanzeb Sukhera for Petitioner.Khurram M. Hashmi, Advocate for respondent No.4.Sajeel Sheryar Swati and Ch. Hassan Murtaza Mann, Advocates/Amici Curiae
VADIYYA S. KHALIL AND OTHERSVSFEDERATION OF PAKISTAN THROUGH SECRETARY, CABINET DIVISION AND OTHERS
Law: Competition Act, 2010
Section: 14,17,19
Law: Fundamental Rules, 1922
Section: 9(30-A)
Competition Act (XIX of 2010)--- ----Ss.14, 17 & 19---Fundamental Rules, R.9(30-A)---Tenure appointment---Premature termination from service of officials---Chairman and Members of Competition Commission of Pakistan were aggrieved of premature termination of their services by Federal Government---Validity---Tenure for which petitioners were appointed were fixed by statute and their appointments could be revoked and they could be removed from office by Federal Government if it was found that they had become disqualified under S.14(6) of Competition Act, 2010--- Petitioners did not suffer from any disabilities enumerated in S.14(6) of Competition Act, 2010 or failed to exercise or exceeded or abused any powers conferred on them by Competition Act, 2010--- Issuance of notifications in question had effect of prematurely cutting short of tenure of petitioners for which they were appointed under S.14(2) of Competition Act, 2010--- Tenure of three years for which petitioners were appointed was fixed by statute and such statutory tenure could not be curtailed by Federal Government by terminating appointments of petitioners---High Court set aside notifications in question terminating appointments of petitioners as same were without any lawful consequence---Petition was allowed in circumstances. Mustafa Impex v. Government of Pakistan PLD 2016 SC 808; District Coordination Officer, District Dir Lower v. Rozi Khan 2009 SCMR 663; Federation of Pakistan v. Gohar Riaz 2007 PLC (C.S.) 727; Province of Punjab v. Zulfiqar Ali 2006 SCMR 678; Collector of Customs and Central Excise, Peshawar v. Abdul Waheed 2004 SCMR 303; Abdul Hafeez Abbasi v. Managing Director, Pakistan International Airline Corporation 2002 SCMR 1034; Secretary to the Government of N.-W.F.P, Zakat/Social Welfare Department, Peshawar v. Saadullah Khan 1996 SCMR 413; Managing Director, Public Procurement Regulatory Authority v. Muhammad Zubair 2019 PLC (C.S.) 1348; Muhammad Jameel v. Taluka Nazim, Taluka Municipal Administration, Khairpur 2014 PLC (C.S.) 479; Noor Zeb Khan v. Government of Khyber Pakhtunkhwa 2014 PLC (C.S.) 1007; Ghazanfar Abbas v. District Education Officer (Colleges) Sialkot 2011 PLC (C.S.)…
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