Case Details

Citation(s)
2011 SLG 1867 2011 SLD 1867 2011 PLC 1487
Lahore High Court
Writ Petition No.1539 of 2011, decision dated: 17-05-2011.
AMIN-UD-DIN KHAN, J

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201 P L C (C.S.) 1487 Malik FAIZ BAKHSH

VS

GOVERNMENT OF THE PUNJAB etc. Malik FAIZ BAKHSH vs GOVERNMENT OF THE PUNJAB etc.

Law:

Section:

Punjab Local Government (Legal Advisors) Rules, 2003-------Rr. 4(4), 9(2) & 10---Constitution of Pakistan, Art.199---Constitutional petition---Appointment of Legal Advisor---Petitioner was appointed as Legal Advisor to the District Government for a period of two years---Appointment of the petitioner had been dispensed with, with immediate effect against the payment of one month remuneration in lieu of the notice---Validity---Rule 9(2) of the Punjab Local Government (Legal Advisors) Rules, 2003, had empowered the Government to dispense with the service of Legal Advisor and make a fresh appointment---Such power had been exercised by the Provincial Secretary Law and Parliamentary Affairs---No provision existed in law creating any vested right in favour of the petitioner by way of a permanent appointment as Legal Advisor---Every party has a right to have a counsel or a Legal Advisor of his own choice---No one could force that he be appointed or kept as counsel or Legal Advisor---Constitutional petition was dismissed. Muhammad Arshad Khan for petitioner. ORDER AMIN-UD-DIN KHAN, J.--- The brief facts of the case are that the petitioner was appointed as a Legal Advisor to the District Government Bahawalpur through Letter No.GEN-2-30/ 2010/ 5784 dated 26-10-2010 for a period of two years. The appointment order was issued by the Secretary Law and Parliamentary Affairs Department in accordance with rule 10 of the Punjab Local Governments (Legal Advisors) Rules 2003 following recommendation by the Selection Committee constituted pursuant to the provisions of Rule 4(4) of the Rules 2003. The petitioner joined as part time Legal Advisor. to the District Government on 29-10-2010 vide Letter No.GEN/2-5/2003 /878 dated 1-3-2011 issued by the respondent. The appointment of petitioner as a Legal Advisor to the District Government was dispensed with, with immediate effect against the payment of one month remuneration in lieu of the notice. This order…
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