Case Details

Citation(s)
2011 SLG 1836 2011 SLD 1836 2011 PLC 1310
Lahore High Court
Writ Petition No.14267 of 2010, decision dated: 25-11-2010.
UMAR ATA BANDIAL, J

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KHALID MEHMOOD and others

VS

AUDITOR-GENERAL and others KHALID MEHMOOD and others vs AUDITOR-GENERAL and others

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Allocation of officers to bifurcated establishment---Criteria---Petitioners were aggrieved by the notification, which had laid down criteria for allocation of officers to bifurcated establishment---Petitioners claimed that said criteria had been misapplied by their allocation to the new office at place 'I'---Order of Auditor-General of Pakistan failed to answer the grievance of the petitioners and mentioned an interim arrangement as the ground for denying existence of any grievance of the petitioners---Prima facie the services of the petitioners had been allocated to a new establishment at place 'I' after bifurcation of one at place 'L'---Whether allocation of the Staff to the new establishment was in accordance with the terms of criteria laid down in the impugned notification, needed to be decided by Auditor-General of Pakistan---Order of Auditor-General of Pakistan, merely relied on an interim arrangement which could be reversed at any time to detrimentally affect the petitioners' service rights---Auditor-General of Pakistan as a Public functionary was under a duty to decide the points raised in petitioners' representation, fairly and transparently---High Court directed that Auditor-General of Pakistan would consider and decide afresh the petitioners' representation in accordance with law, expeditiously---Meanwhile the status quo would be maintained. Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325 ref. M. Tanveer Chaudhry for Petitioners. Nasim Kashmiri, Dy. A.-G. with Ch. Naseed Mehmood, Deputy Director Audit Works, Lahore. Sultan Muhammad Momin for Respondents Nos.4 and 5. ORDER UMAR ATA BANDIAL, J.--- The petitioners are aggrieved by the Notification dated 13-2-2010 which re-designate/re-locate into two establishments work of Director-General Audit Works (Provincial) and the Director-General Audit Works (Federal). The criteria for allocation of officers to bifurcated establishments has been laid down in the notification. The petitioners' claim that the said criteria has been misapplied by their allocation to the new…
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