Case Details

Citation(s)
2016 SLG 860 2016 SLD 860 = 2016 CLD 134

Writ Petition No. 4233 of 2014, decided on 9th July, 2015.


Law:

Section:

(a) Companies Ordinance (XLVII of 1984)-------S. 183---Public Sector Companies (Corporate Governance) Rules, 2013, R. 25---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Subsequent events---Press publication---Grievance of petitioner was with regard to appointment of Managing Director---Objection raised by petitioner was that during pendency of constitutional petition, an advertisement was published seeking application for appointment of a Managing Director and notification of expansion of Board of Directors---Validity---Such press publication could be taken into consideration as no prejudice was caused---Such act of authorities had a direct nexus with cause of action disclosed in petition and covered within the ambit of prayer sought---After withdrawal of notification dated 29-9-2014 the proceedings had not become suo motu in nature---Objection was ruled out in circumstances.(b) Doctrine of pleasure-------Scope--- Doctrine of pleasure has almost become redundant and the concept of absolute, unfettered or unguided exercise of discretion by public authorities is treated as alien to the essence of rule of law.Muhammad Yasin v. Federation of Pakistan through Secretary Establishment Division Islamabad and others PLD 2012 SC 132; Aman Ullah Khan and others v. The Federal Government of Pakistan through Secretary, Ministry of Finance, Islamabad and others PLD 1990 SC 1093; Chairman Regional Transport Authority, Rawalpindi v. Pakistan Mutual Insurance Company Limited, Rawalpindi PLD 1991 SC 14; Government of N.-W.F.P. through Secretary and 3 others v. Mejee Flour and General Mills (Pvt.) Ltd. Mardan and others 1997 SCMR 1804; Abid Hussain and others v. P.I.A.C. and others 2005 SCMR 25; Messrs Gadoon Textile Mills and 814 others v. WAPDA and others 1997 SCMR 641; Abu Bakar Siddique and others v. Collector of Customs, Lahore and others 2006 SCMR 705; Som Raj and others v. State of Haryana and others AIR 1990 SC 1176; Mahesh Chandra v. Regional Manager, U.P. Financial Corporation and others AIR 1993 SC 935 and Aeltemesh Rein, Advocate Supreme Court of India v. Union of India and others AIR 1988 SC 1768 rel.(c) Public Sector Companies…
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