| Citation(s) |
|---|
| 1994 SLG 1092 1994 SLD 1092 1994 CLC 59 |
Lahore High Court
Writ Petition No. 3520-S of 1991, decided on 11th November, 1991
IRSHAD HASAN KHAN, J
Sh. JamaludDin for Petitioner.. Maqbool Elahi Malik, A. G., Punjab for
Respondents
Writ Petition No. 3520-S of 1991, decided on 11th November, 1991
IRSHAD HASAN KHAN, J
Sh. JamaludDin for Petitioner.. Maqbool Elahi Malik, A. G., Punjab for
Respondents
SHAUKAT ALI
VS
PROVINCE OF PUNJAB and others
Law:
Section:
Constitution of Pakistan (1973)--- ----Art. 199---Petitioner contended that notwithstanding repeated orders passed by Chief Minister appointing him as Honorary Special Magistrate, he had not been so appointed by Appointing Authority---Authority could not prove that recommendations purported to be made by Chief Minister in favour of petitioner were forged---Mere fact that a case had been registered against petitioner and matter was still under police investigation, was not sufficient to presume that appointment of petitioner was not genuine---Post for which petitioner was recommended was sanctioned for a period of one year---Said period of one year having since expired, case was not fit for exercise of discretionary Constitutional jurisdiction of High Court. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan seeks a direction to the Province of Punjab through its Home Secretary, to appoint the petitioner as Honorary Special Magistrate, Kasur. 2. The relevant facts are that the petitioner allegedly submitted an application to the Chief Minister, Punjab, for his appointment as Honorary Special Magistrate at Kasur and the Chief Minister allegedly approved his appointment on 1-9-1990. Thereafter, another order was allegedly passed by the Chief Minister on 19-10-1990 wherein the appointment of the petitioner as Special Magistrate, Kasur was again approved under his signature. 3. The grievance of the petitioner is that the Punjab Government is not complying with the directions issued by the Chief Minister and on the contrary Mr. Ali Arif, Additional Secretary to the Chief Minister, Punjab, informed the Home Secretary vide his letter No.SO (Dev) OT-14/90/49511, dated 14-11-1990 that the Chief Minister has desired that the case of the petitioner be examined. 4. Learned counsel for the petitioner vehemently argued that grave injustice has been done to the petitioner for not appointing him as Honorary Special Magistrate, Kasur notwithstanding repeated orders passed by the Chief Minister in his- favour. 5. On 14-5-1991, Mr. Farooq Bedar, learned Additional Advocate General appeared on behalf of the Punjab Government and took the…
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