Law: Constitution of Pakistan, 1973

Section: 199

(a) Administration of justice--- ----Good governance---Discretion, exercise of---Discretion, even if vested in authorities, has to be exercised strictly in accordance with law and in an independent, transparent and unbiased manner---All administrative authorities are under an obligation to act fairly and on reasonable basis---Object of good governance cannot be achieved by exercising discretionary power unreasonably, arbitrarily and without application of mind. Tariq Aziz-ud-Din and others: in re: Human Rights Cases Nos.8340, 9504-G, 13936-G, 13635-P and 14306-G to 143309-G of 2009, decided on 28th April, 2010, 2010 SCMR 1301 and Human Rights Case No. 11827-S of 2018, decided on 3rd September, 2018: In the matter regarding Selling of National Assets including PIA at Throwaway Price 2019 SCMR 1952 rel. (b) Constitution of Pakistan--- ----Art.199---Constitutional petition---Seniority, question of---Non statutory rules---Current charge bases---Petitioner was civil servant who was aggrieved of office order passed by authorities, whereby instead of appointing petitioner on post in question an official junior to him was posted on current charge---Plea raised by authorities was that Lahore Electric Supply Company did not have statutory rules, therefore Constitutional petition was not maintainable---Validity---Matter was of serious nature involving questions of seniority and eligibility in terms of memorandum in question issued by Federal Government and other correspondence, regarding appointment of officers on current charge against higher posts---In case of non-compliance of directions and non-observance of guidelines mentioned therein, possibility of mala fide could not be ruled out, especially when seat in question was not vacant---High Court transmitted copy of petition along with annexures to Federal Government to look into the matter---High Court directed Federal Government to ensure that rules, regulations, and applicable law / policy would be strictly followed in matters involving transfers and postings---Constitutional petition was disposed of accordingly. Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others…

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