Law:

Section:

(a) Sind Civil Servants Act (XIV of 1973)-- ---S. 5--Constitution of Pakistan (1973), Art. 17 (2)--Appointment to civil service--Petitioner's name recommended by Public Service Commission for selection to post of Civil Judge--Competent authority did not approve petitioner's name for appointment on the ground of his being an active political worker--Validity of withholding appointment--No allegation existed that petitioner was member of any political party and nothing had been stated as to how he dabbled in politics--Held, even if petitioner worked for a political party and that party stood for solidarity, unity and stability of country, such fact, could not be construed, in absence of any rule to the contrary, as adverse to petitioner--Every citizen of Pakistan under Art.17(2) of Constitution, not being in the service of Pakistan, has right to form or be a member of a political party subject to reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan--Withholding of appointment of petitioner on ground of his being a political worker was not valid in circumstances. Mazhar Hussain v. Province of Punjab P L D 1985 Lah. 394; Muhammad Farooq M. demon, Advocate v. Government of Sind 1986 CLC 1408 and Province of East Pakistan v. Dr. K.A. Mansur and others P L D 1963 Dacca 211 ref. (b) Sind Civil Servants Act (XIV of 1973)-- ---S. 5--Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--Constitution of Pakistan (1973), Art. 4--Appointment to civil service--Refusal to accept recommendation of Public Service Commission--Effect--although appointment to civil service has to be made by competent authority but such appointment was required to be made on the recommendation of Public Service Commission--In order to refuse to accept recommendation of Public Service Commission, competent authority, has to act under some rule or at least for some cogent reason which factors were absent in the case of petitioner-­Every person is entitled to be treated in accordance with law--Petitioner could not have been dealt with arbitrarily in the matter of his appointment--Discretion vested in competent authority has to be exercised in…

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