Law: Decorations Act, 1975

Section: 3

Law: Constitution of Pakistan, 1973

Section: 259

Decorations Act (XLIII of 1975)--- ----S. 3---Constitution of Pakistan, Art. 259---Institution or creation of decorations---Nomination---Vested right---Scope---Petitioner was nominated for Sitara-i-Imtiaz, but was not conferred the award by President of Pakistan---Validity---Petitioner was employee of an Institution which was attached department of Ministry of Defence under Schedule II of Rules of Business, 1973---Name of petitioner was forwarded by his Institution to the Ministry for further recommendation to Cabinet Division for conferment of the Award in relation to his public service as a civil servant---Ministry of Defence did not further recommend name of petitioner for nomination of the Award---Merely nominating name of petitioner by his parent Department to relevant Division, did not create any legal/vested or fundamental right in his favour---Petitioner neither approached Ministry of Defence nor Cabinet Division for agitating the matter---Merely, recommendation of his name by nominating agency did not create any substantial or fundamental right for conferment of Award in favour of petitioner---High Court declined to direct respondent authority to forward name of petitioner to Cabinet Division---Constitutional petition was dismissed, in circumstances. Muhammad Akbar v. Federation of Pakistan, Ministry of Law and Justice (Justice Division), Islamabad through Secretary and another 1996 SCMR 1017; Nazir A. Khan Swati v. Ministry of Law and Justice and others 1998 PLC (C.S.) 372; Asdullah Mangi and others v. Pakistan International Airlines Corporation and others 2005 SCMR 445; Kamran Martin v. Mst. Siera Bibi and 4 others 2017 PLC (C.S.) 597 and Dr. Imran Khattak and another v. Ms. Sofia Waqar Khattak, PSO to Chief Justice and others 2014 SCMR 122 rel. JUDGMENT JAWAD HASSAN, J.---The Petitioner has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 (the "Constitution") with the prayer to: 1. declare the acts of the Respondents Nos. 1 to 4, as illegal, unlawful, non-transparent, arbitrary, based on malice and violative of the judgments of the Superior Courts. 2. direct the Respondents Nos. 1 to 3 to consider the…

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