Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Appointment against vacancy---Directions for appointment issued by the High Court not complied with by the petitioner-company---Whether contempt of court---Judicial overreach---Scope---In the present case the entire recruitment process for the posts in question was cancelled---As a result not a single appointment was made to the said posts as per the public advertisement on the basis of which respondent-candidate had applied---Since the entire recruitment process for the posts was scrapped, respondent could not lay any claim to the said post---Consequently the contempt proceedings initiated (by the High Court) on the basis of order to issue appointment letter to the respondent also came to an end---Petitions for leave to appeal were converted into appeals and allowed, and the constitutional petition filed by the respondent before the High Court was dismissed with the observations that the (High Court) Judge in the present case, instead of deciding the case on merits, passed the final order of appointment of respondent without adjudicating the issue in hand and then executed the order by directing the petitioner-company that the appointment letter be issued by the next date of hearing; that by assuming the role of the Executive the judge disregarded his core function of adjudication, in accordance with law; that ignoring the constitutional boundaries of separation of powers could easily equip a judge with a false sense of power and authority, and that this was a dangerous tendency and must be guarded against to ensure that the judicial role continued to remain within its constitutional limits. (b) Constitution of Pakistan--- ----Art. 199---Judicial review---Scope---Judicial review was the power of the court to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions were consistent with the Constitution and the law---Actions judged inconsistent were declared unconstitutional or unlawful and, therefore, rendered null and void---Court entrusted with the power to judicially review an executive action could only declare it to be right or wrong but could not take over…

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