Law: Martial Law Order, 1977

Section: 17

Law: Constitution of Pakistan, 1973

Section: 199

  Martial Law Order, 1977 [C.M.L.A.'s]--- ---- No.17 --- Punjab Civil Servants Act (VIII of 1974), S.15 --- Premature retirement from service with immediate effect --- Grant of pardon to civil servant on submission of his mercy petition --- Effect --- Pardon granted to civil servant on his mercy petition could not be treated as re-instatement in service --- Order of reinstatement was thus, void in circumstances.--[Civil service]. Dr. Sher Bahadur Khan v. Government of West Pakistan P L D 1956 (W.P.) Pcsh. 77 and A.R. Azar v. Federation of Pakistan P L D 1958 Lah. 185 rel. Martial Law Order, 1977 IC.M.L.A.s]--- ---- No.17 --- Constitution of Pakistan (1973), Art.199--Writ of quo warranto --- Pre mature retirement from service --- Civil servant was granted pardon on submission of mercy petition --- Secretary to Government ordering reinstatement of such civil servant --- Validity of --- No order of restatement having been passed by the Governor. i.e. the competent Authority, civil servant was not validity holding public office and was restrained from performing functions as such.---[Civil service]. Muhammad Asghar v. Government of Sindh P L D 1977 SC 212; Agha Aqeel Nasir, v. Inspector-General, Police, Quetta 1984 S C M R 788 and Kh. Noorul Amin Advocate v. Muhammad Naqi Khan P L D 1990 Azad J & K 42 rer. Constitution of Pakistan (1973)--- ----Art. 199 --- Writ of quo warranto ought to be encouraged to keep check on Executive Authorities. Constitution of Pakistan (1973)---   ---- Preamble --- Constitution has scrapped the Rule of English Law that King can do no wrong --- Such theory was by its very nature inapplicable to a democratic State.--[Interpretation of Constitution]. Awais Shahid for Petitioner. Farooq Bedar Addl - A.-G. with Abdus Samad Hussain and D.M. Awan for Respondents. Date of hearing: 29th January, 1991. JUDGMENT The petitioner through this Constitutional petition has prayed for issuance of a writ of quo warranto directing respondent No.3 to show under what authority of law he is holding the Public Office of the Chief Engineer, Buildings North Zone, Lahore. The relevant facts are that respondent No.3 was serving as Superintending…