| Citation(s) |
|---|
| 2022 SLG 569 2022 SLD 569 2022 SCMR 595 |
Supreme Court of Pakistan
Civil Appeals Nos. 10-K to 17-K of 2019, decided on 24thMarch, 2021, Date of hearing: 24th March, 2021. (Againstjudgment dated 28.08.2018 of Sindh Service Tribunal atKarachi, passed in Appeals Nos. 1015, 1063, 1156 to 1159,1161 and 1164 of 2015)
GULZAR AHMED, C.J., IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Malik Naeem Iqbal, Advocate Supreme Court, Sh. Khurram Aziz, Secy, SIDA and Altaf Hussain, Law Officer (via Video Link Karachi) for Appellant.Mukesh Kumar G. Karara, Advocate Supreme Court, Mansoor ul Haq Solangi, Advocate Supreme Court, Muhammad Ali Za
Civil Appeals Nos. 10-K to 17-K of 2019, decided on 24thMarch, 2021, Date of hearing: 24th March, 2021. (Againstjudgment dated 28.08.2018 of Sindh Service Tribunal atKarachi, passed in Appeals Nos. 1015, 1063, 1156 to 1159,1161 and 1164 of 2015)
GULZAR AHMED, C.J., IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Malik Naeem Iqbal, Advocate Supreme Court, Sh. Khurram Aziz, Secy, SIDA and Altaf Hussain, Law Officer (via Video Link Karachi) for Appellant.Mukesh Kumar G. Karara, Advocate Supreme Court, Mansoor ul Haq Solangi, Advocate Supreme Court, Muhammad Ali Za
SINDH IRRIGATION AND DRAINAGE AUTHORITYVSGOVERNMENT OF SINDH AND OTHERS
Law:
Section:
(a) Civil Servants Act (LXXI of 1973)--S. 2(1)(b)---Civil servant---Meaning---Civil servant is someone who has been employed by the competent authority i.e., either the Provincial or Federal Public Service Commission, in the prescribed manner after following due process of law and having gone through the process of competition. Muhammad Mubeen us Salam and others v. Federation of Pakistan PLD 2006 SC 602 ref. (b) Sindh Water Management Ordinance (XL of 2002)---Ss. 3 12(1)--- Employees of Sindh Irrigation and Drainage Authority (SIDA)---Said employees were not civil servants; they were not employed by the Provincial or Federal Public Service Commission neither is there any notification or any other document on the record that confers on them the status of civil servants. (c) Sindh Water Management Ordinance (XL of 2002)---Ss. 12(1) 16---Employees of Sindh Irrigation and Drainage Authority (SIDA)---Appointment---Power of Board of Management---Scope---Powers to appoint the staff of SIDA vests with the Board of Management of SIDA since the Board has powers as per S. 12(1) of the Sindh Water Management Ordinance, 2002 (the Ordinance) to administer all matters of SIDA including employment of its staff---Section 12(1) read with S. 16 of the Ordinance clearly indicates that any and all appointments shall be made by the Board of Management of SIDA---As such, no other authority/person could exercise such powers without express authorization given by the Board. (d) Civil service--Government official, powers of---Scope---Such an official can only exercise as much power as is granted to him/her by law. (e) Civil service---Public functionary---Fiduciary duty---Scope---Public functionaries owe a fiduciary duty to act in good faith and discharge their duties with honesty and in accordance with law---If a public functionary does not exercise such power in good faith and with honesty, the principle of merit gets compromised which damages the superstructure of merit, competence and good governance. (f) Sindh Civil Servants Act (XV of 1973)----S. 5(2)---Civil Procedure Code (V of 1908), S. 12(2)---Application under S. 12(2), C.P.C.---Sindh Service Tribunal, jurisdiction…
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