Case Details

Citation(s)
2011 SLG 1844 2011 SLD 1844 2011 PLC 1349
Lahore High Court
Writ Petitions Nos.9947(Multan), 4824(BWP) of 2010, 1179(BWP) 1982 of 2008(BWP), 21028, 21029, 21030, 22049 and 22690 of 2010, decision dated: 22-03-2011.
SH. AZMAT SAEED, J

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NAJAF ALI MAHEY

VS

GOVERNMENT OF THE PUNJAB, PUBLIC PROSECUTION DEPARTMENT, LAHORE through Secretary and another NAJAF ALI MAHEY vs GOVERNMENT OF THE PUNJAB, PUBLIC PROSECUTION DEPARTMENT, LAHORE through Secretary and another

Law:

Section:

Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act (III of 2006)------S. 9---Anti-Terrorism Act (XXVII of 1997), S.18---Constitution of Pakistan, Art.199---Constitutional petition---Post of Public Prosecutor in Anti-Terrorism Court---Appointment of petitioners on such post on contract basis till arrival of selectees by Public Service Commission-- Termination of petitioners' service on payment of one month's pay---Petitioners' plea that new Prosecutors had been posted without advertising same---Validity---Process of appointment of new Prosecutors on permanent basis through Public Service Commission under Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006 had been completed in pursuance of directions of Supreme Court---Petitioners were not entitled to continue as Prosecutors after appointment of new Prosecutors---Appointment of petitioner was on contract basis subject to termination on one month's notice or pay in lieu thereof---Termination of petitioner simplicitor was in accordance with Contract Appointment Policy---High Court dismissed constitutional petition in circumstances. Abid Iqbal Hafiz and others v. Secretary, Public Prosecution Department, Government of the Punjab, Lahore and others PLD 2010 SC 841 and Muhammad Saleem and 12 others v. Secretary Prosecution, Government of Punjab, Lahore and another 2010 PLC (C.S.) 1 rel Sardar Tariq Sher Khan for Petitioner. Muhammad Shan Gul, A.A.-G. for Government of Punjab. Shujaat Ali Khan, A.A.-G. and Muhammad Mumtaz Dogar, Law Officer for Respondents. Date of hearing: 10th March, 2011. JUDGMENT SH. AZMAT SAEED, J.--- Through this judgment it is proposed to adjudicate upon W.Ps.Nos.9947 of 2010(Multan), 4824 of 2010(BWP), 1179 of 2008(BWP), 1982 of 2008(BWP), 21028 of 2010, 21029 of 2010, 21030 of 2010, 22049 of 2010 and 22690 of 2010 involving common questions of law and fact. 2. Brief facts necessary for the adjudication of the lis at hand are that the petitioners in each of the above mentioned petitions were initially appointed on contract basis as Public Prosecutors for the various Anti-Terrorism Courts in the Province of Punjab. Such appointments were…
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