Law:

Section:

Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Ss. 44 & 42---Constitutional petition in the nature of quo warranto---High Court dismissing such petition on the ground that petitioner was not a bona fide relater and that petitioner was not aspirant to the office which he intended to get vacated---Validity---Only document on basis of which High Court formed its opinion did not show that petitioner was not bona fide relator--­High Court in its impugned order had itself observed that a quo warranto petition could be filed by any member of the public; therefore, question whether petitioner would gain anything or not was immaterial and could not become ground for dismissing Constitutional petition---Order of High Court in dismissing Constitutional petition was, thus, unsustainable and liable to be vacated---Case was remanded to decide afresh on merits. JUDGMENT BASHARAT AHMAD SHAIKH, J: --Respondent No.2, who was at the relevant time holding the post of Deputy Inspector-General of Police, was to reach the age of superannuation on 14th of September 1992 but an order was issued on 3rd of September 1992 for his re-appointment to the same post for a period of three years on "contract basis" with effect from the date of his superannuation. Appellant Syed Muhammad Yousaf Shah, an officer of the Police Department serving as Prosecuting Inspector at the relevant time, filed a writ petition in the nature of quo warranto mainly on the ground that there was no legal provision providing that a person who retires after reaching the age of superannuation may be reappointed on "contract basis". The writ petition has been dismissed in limine. When a learned Judge of the High Court was about to hear the preliminary arguments the learned Additional Advocate ­General appeared in the Court and prayed that an adjournment may be granted to him for filing comments in the case. The prayer was granted and parawise comments signed by the dealing Section Officer of the Services Department were filed in the Court. In the comments it was stated that the Government possessed the power of appointing a retired civil servant on "contract basis". Ch. Sarfraz Ali Khan also…

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