Law: National Energy Efficiency and Conservation Act, 2016

Section: 21

Law: Constitution of Pakistan

Section: 199

(a) National Energy Efficiency and Conservation Act (XXX of 2016) S. 21---National Energy Efficiency and Conservation Authority (Service) Regulations, 2021---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Declaration---Petitioner assailed appointment of respondent to the post of Director Strategy Management Office---Plea raised by authorities was that petition was not maintainable as post in question was non-statutory---Validity---Relief claimed was declaration that actions of authorities leading to creation of post in question and hiring of respondent to such office were illegal and ultra vires the provisions of National Energy Efficiency and Conservation Act, 2016 and National Energy Efficiency and Conservation Service Regulations, 2021---Objection that office in question was not a public office was irrelevant---Objection was overruled in circumstances.        Ghulam Murtaza v. Federation of Pakistan 2023 PLC (C.S) 1188 rel. (b) National Energy Efficiency and Conservation Act (XXX of 2016) S. 21---National Energy Efficiency and Conservation Authority (Service) Regulations, 2021---Notification SRO No.346(I)/2024 dated 25-01-2024---Constitution of Pakistan, Art. 199---Constitutional petition---Aggrieved person---Scope---Principle of locus poenitentiae---Applicability---Petitioner assailed appointment of respondent to the post of Director Strategy Management Office---Plea raised by authorities was that the petitioner was not an aggrieved person, therefore, petition was not maintainable---Validity---Recruitment process was tailored for such purpose and respondent was appointed as Director SMO without written test and transparent recruitment process such as the one that petitioner participated in, and the respondent was appointed to a post higher than that held by petitioner---Petitioner qualified the test of an aggrieved person for the purposes of Art. 199 of the Constitution---Creation of post in question without approval of Board, prescriptions of TORs for such post prescribing a minimum age less than the age prescribed for the office of Director in NPG-1 under National Energy Efficiency and…