Law: Constitution of Pakistan, 1973

Section: 199(1)(a)(ii)

Khyber Pakhtunkhwa Galiyat Development Authority Act, 2016 (XII of 2016)-- ----S. 10--Constitution of Pakistan, 1973, Art. 199(1)(a)(ii)--Appointment as Director General Galiyat was on deputation--Locus standi--Amendment in Act--Excess of authority has locus standi to file writ in nature of quo warranto challenging competency of Respondent No. 3 whether to hold office of Director General, GDA, Abbottabad or otherwise was serving as an officer in BPS-18 in Pakistan Railways--He was posted as Director (Admn) Galiyat Development Authority, Abbottabad in his own pay scale, on deputation basis--He was also given additional charge of post of Director General Galiyat Development Authority, till further orders--Borrowing department has to establish exigency in first place and then person who is being transferred on deputation, must have matching qualifications, expertise in field with required experience--In absence of these conditions, Government cannot appoint anyone by transfer on deputation--Deputationist has to follow rules and regulations of borrowing department--In instant case no evidence was laid before us to satisfy above conditions--Entire exercise was carried out to give undue favour to Respondent No. 3 and to justify his posting as Director General (GDA) who is holding this office for more than four and half years--Appointment of Respondent No. 3, as Director General, Galiyat Development Authority, Abbottabad, was made in violation of Section 10 of Galiyat Development Authority (Amendment) Act, 2020, in excess of authority--Petition accepted. Constitution of Pakistan, 1973-- ---Art. 199(1)(b)(ii)—Seeking of redressal from High Court--Any person, and not necessary an aggrieved person, can seek redressal from High Court against usurpation of a public office by a person who is holding it “without lawful authority” on that account it cannot be doubted that petitioner did not have locus standi to file petition, he is only to show his bona fide. AIR 1982 Rajasthan 67, 1994 CLC 5, PLD 2019 SC 644 , PLD 1963 SC 203 ref. JUDGMENT Shakeel Ahmad, J.--This is a petition for the issuance of writ of quo warranto under Article 199(1)(a)(ii) of the Constitution of Islamic…

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