Law: Constitution of Pakistan, 1973

Section: 199 , 212

  Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Contentions requiring detailed factual inquiry could not be ventured upon in Constitutional jurisdiction. Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Constitutional petition against re-calling of order of promotion---Maintainability in terms of bar envisaged in Art.212 of the constitution---Bar contemplated by Art.212 of the Constitution preconceives the notion that impugned order ought to have been passed by the competent Authority which was a sine qua non and was lacking---When the order in question, was passed not by the competent Authority, the case was of coram non judice and same having been dictated by superior Officer suffered from lack of application of independent mind, qua which petitioner was not even required to show cause, such orders were set aside being a nullity in law---[Civil Service]. Faqir Muhammad Khokhar for Petitioners. Jari Ullah Khan for Respondents. Date of hearing: 8th July, 1991. JUDGMENT Resume of the necessary facts for resolving the present controversy as divulged from the record are that consequent upon petitioners' success in the departmental examination having been conducted under The Punjab (Buildings and Highways) Sub-Engineer Professional Examination Rules, 1977 in October, 1988 and certification of the prerequisite viz. credited with at least 10 years service in the department as Sub-Engineers in the lower grade and possessing the prescribed qualification for initial recruitment to the post of Sub-Engineer, were placed in B.P.S. 16 by the competent authority vide letter No.200-E of 8-11-1988 w.e.f. 7-11-19881 subsequent whereto, on the  initiative  of  an  unsuccessful  candidate  i.e.  respondent  No.4,  Secretary,   Communication and Works Department, Government of the Punjab on 9-2-1989 cancelled scrapped petitioners' departmental professional examination in obedience whereto the Superintending Engineer, Highways Circle, Faisalabad vide Memo No.169/542 44 dated 14-2-1989 recalled the office order No.200/E, dated 8-11-1989, feeling aggrieved…