Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(ii)

(a) Civil service--- ----Stopgap appointment---Scope and principles relating to a filling a post by way of stopgap arrangement explained. At times the person possessing requisite antecedents to qualify for a particular post may not be available in the department and, while the selection for appointment is under process, or is delayed due to some plausible reason for the time being, the competent authority, in view of exigency, may assign acting charge and current charge as a stopgap arrangement. The expression stopgap means a temporary way of dealing with a problem or satisfying a need and/or something that can be used until something better or more permanent can be obtained. Ad-hoc appointment is made, or look-after/acting or additional charge is given, under exceptional situations as a stopgap arrangement for a limited period with the sole aim and intention to continue such appointment till the regular appointment on the post. A person appointed as a stopgap arrangement does not hold such post in a substantive capacity; this arrangement characterizes a class which is distinct and dissimilar from those who are appointed to posts in service compliant with the relevant rules of recruitment. Look-after or additional charge as a stopgap arrangement does not entitle the incumbent to claim any benefit on account of such arrangement, which can be revoked or withdrawn by the competent authority at any time without assigning any reason. (b) Constitution of Pakistan--- ----Art. 199(1)(b)(ii)---Writ of quo warranto---Scope, principles and pre-requisites relating to a writ of quo warranto stated. The rationality of the writ of quo warranto is to settle the legality of the holder of a statutory or Constitutional office and decide whether he was holding such public office in accordance with law or against the law. The writ of quo warrant can be instituted by a person though he may not come within the meaning of words “aggrieved person”. For the purpose of maintaining a writ of quo warranto there is no requirement of an aggrieved person, and a whistle blower need not to be personally aggrieved in the strict sense and may relay the information to the court to enquire from the…

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