| Citation(s) |
|---|
| 2025 SLG 1552 2025 SLD 1552 = 2025 LHC 3999 = 2026 PLC 36 |
I.C.A. No.13336/2022
Ch. Muhammad Iqbal, J
Date of hearing 13.05.2025 and 20.05.2025 Appellants by Rana Shamshad Khan, Additional Advocate General alongwith Tahir Mehmood, Law Officer, PPSC, Ali Niaz, Law Officer, PPSC and Mian Muhammad Iqbal, Director (Legal), PPSC
Respondents by Mr. Abid Hussain Saqi, Mian Bilal Bashir, Bilal Hasan Minto, Barrister Muhammad Saram Israr, Moeen Yousaf and Syed Hussain Raza, Advocates for respondents in Intra Court Appeals. Hafiz Tariq Nasim, Jawad Tariq Nasim, Usman Shafiq, Advocates for petitioners in W.P.No.29811/2021 Barrister Taha Shaukat and Barrister Salman Khalid, Advocates for petitioners in W.P.No.28399/2021 Mr. Saifullah Maan, Advocate in for petitioners W.P.No.28711/2021 Mr. Sohaib Rumi, Advocate for petitioners in W.P.No.16781/2025
province of the Punjab through its Chief Secretary etc.
VS
. Chand Iqbal etc.
Law: Pakistan Penal Code (PPC),1860
Section: 409, 161, 166,162,164,165,409
Law: Punjab Public Service Commission Regulations, 2016
Section: 63
SUMMARY
Intra Court Appeal --- Appointment on the recommendation of PPSC---Proven use of Malpractice, unfair means in the test, interview in inquiry conducted by Anti Corruption Establishment. --- PPSC withdrew its recommendation for appointment of alleged successful candidate on the said post--- On said recommendations concerned Department terminated their newly appointed employee during probation without any stigma--- As per the Regulation 26 and 63 of Regulations-2016, the Commission is competent to withdraw its earlier recommendations sent to the concerned department if a person has been found deficient in any conditionality regarding his / her eligibility as a candidate and if any error or omission in result or merit is found, even after dispatch of recommendation to the concerned department.--- The appointing authority has jurisdiction to terminate its newly appointed employee without assigning any reason or serving any show cause notice during the period of probation. --- Public Service Commission and Government were obliged to ensure complete transparency in the process of selection / appointment of civil servants and if an incompetent or the corrupt persons enter into the civil service at the unwarranted ouster of the eligible and competent candidate from public post / job opportunities such appointments which disregard the merit, undoubtedly perpetuate bad governance and would drained the public exchequer and such appointments also thwart the credibility of the Commission. High Court has no suo moto jurisdiction to take cognizance of the matter---- Intra Court Appeals allowed. Writ petition of the respondent stood dismissed.