Case Details

Citation(s)
2024 SLG 3860 2024 SLD 3860, 2024 PLJ 149
Service Tribunal, Balochistan
S.A. No. 244 of 2023, decided on 7.8.2023.
Present: Naseebullah Tareen, Chairman, Mohammad Rashid, Member (Judicial) and Dr. Perwaiz Ahmed Nausherwani, Member (Technical).
Mr. Munir Ahmed Kakar, Advocate for Appellant. Mr. Rashid Majeed, State Counsel for
Respondents. Mr. Nasir Hussain, Advocate for
Respondent No. 3. Date of hearing: 2.8.2023.

ABDUL JABBAR BALOCH--Appellant

VERSUS

CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, CIVIL SECRETARIAT, QUETTA and another--Respondents

Law: Balochistan Local Government Act, 2010 (V of 2010), Balochistan Service Tribunal Act, (V of 1974),

Section: 26(1)(a)(b) & 129(1)(b, 4

 

Balochistan Local Government Act, 2010 (V of 2010)--

----Ss. 26(1)(a)(b) & 129(1)(b)--Balochistan Service Tribunal Act, (V of 1974), S. 4--Constitution of Pakistan, 1973 Art. 129--Frequant transfer--Challenge to--Pendency of departmental appeal--Power of Government to appoint administrator--For appointment of Administrator Metropolitan Corporation, Quetta, under which law competent authority was empowered to appoint Administrator Metropolitan Corporation, Quetta--Procedure under provided provisions of Constitution of Pakistan. Rules of Business, and Local Government Act, 2010 has not been followed--This aspect of case was to be taken into consideration in light of principles laid down in Judgment supra--Posting/transfer of appellant as Administrator Metropolitan Corporation, Quetta was not in purview of Balochistan Government Rules of Business--The notifications to extent of appellant’s posting/transfer are set-aside, interim order was hereby recalled and Government of Balochistan was directed to appoint Administrator Metropolitan Corporation, Quetta within (15) days, carried process under law, of receipt of copy of that Judgment--Appeal disposed of.   [Pp. 151 & 154] A, B, C & D

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