| Citation(s) |
|---|
| 1998 SLG 1342 1998 SLD 1342 1998 PLC 372 |
Sindh High Court
Constitutional Petition No. 2782 of 1993, decision dated: 5-08-1996.
MAMOON KAZI, C.J. AND DR. GHOUS MUHAMMAD, J
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Constitutional Petition No. 2782 of 1993, decision dated: 5-08-1996.
MAMOON KAZI, C.J. AND DR. GHOUS MUHAMMAD, J
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NAZIR A. KHAN SWATI
VS
MINISTRY OF LAW & JUSTICE and others
Law:
Section:
Civil service------ Nomination for appointment---Withdrawal of nomination---Petitioner who in response to an advertisement had applied for a post of Judicial Member, Income-tax Appellate Tribunal Law and Justice Division, in BPS-21 was interviewed by Federal Public Service Commission and was originally recommended for appointment to that post after interview--Subsequently upon verification of Annual Confidential Reports of petitioner, his nomination was withdrawn and petitioner feeling aggrieved by such action had filed Constitutional petition---Public Service Commission only having .acted in advisory capacity even if petitioner was nominated for appointment by same, it would not create a vested right in petitioner to demand that Department concerned was bound to order his appointment upon such recommendation---Mere nomination of petitioner for appointment against advertised post, would not create any vested right in petitioner for which lie could maintain Constitutional petition---Constitution of Pakistan (1973), Art. 199. Muhammad Akbar v. Federation of Pakistan 1996 SCMR 1017 ref. Shafaat Hussain for Petitioner. Muhammad Roshan Essani, Dy. A.-G. for Respondents. ORDER MAMOON KAZI, C.J.---The petitioner had applied for a post of Judicial Member, Income Tax Appellate Tribunal, Law and Justice Division in BPS-21 in response to an advertisement published in daily DAWN Karachi, dated 3-11-1989. He was interviewed by the Federal Public Service Commission and respondent No. 4 and the departmental representative of the Ministry of Law and Justice. Although, the petitioner was originally recommended for appointment to the said post, but subsequently, upon verification of his Annual Confidential Reports, his nomination was withdrawn. The petitioner feeling aggrieved by such action, has filed the present Constitutional petition. It may be pointed out at the very outset that mere nomination of the petitioner for the appointment against the…
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