| Citation(s) |
|---|
| 2000 SLG 794 2000 SLD 794 2000 SCMR 620 2000 SLD 1206 2000 SCMR 620 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.440-L/1998 decided on loth September 1999
IRSHAD HASAN KHAN, ACTG. C.J AND SH. IJAZ NISAR, J
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Civil Petition for Leave to Appeal No.440-L/1998 decided on loth September 1999
IRSHAD HASAN KHAN, ACTG. C.J AND SH. IJAZ NISAR, J
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GOVERNMENT OF PUNJAB through Secretary Education, Civil Secretariat, Lahore and others
VS
ABDUR REHMAN and others
Law:
Section:
Constitution of Pakistan (1973)--Art. 185(3)---Civil service---Appointment---Authority kept appointments of civil servants in abeyance on the ground that appointment orders of such civil servants were issued at the behest of Member Provincial Assembly who wanted to accommodate his own partymen---High Court after thorough scrutiny of material produced recorded a finding that no irregularity or illegality was committed in the said appointments---Well-reasoned order passed by High Court on basis of material available on record, could not be interfered with in absence of any legal flaw or infirmity in the order--Petition for leave to appeal was dismissed. Muhammad Riaz Lone, Advocate Supreme Court and Rao M. Yousaf Khan, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing 10th September 1999. JUDGMENT IRSHAD HASAN KHAN, ACTG. C.J.---This petition for leave to appeal is directed against the judgment, dated 19-12-1997, passed by a learned Single Judge of the Lahore High Court, Lahore, in Writ Petition No.21486 of 1997. 2. Facts, in brief, are that the respondents herein applied for various posts advertised by the Education Department. After preliminary scrutiny, a merit list was prepared whereby the respondents were found eligible for various posts, In consequence, they were appointed as teachers by the appointing authority. Respondents joined their respective posts. Vide order, dated 19-2-1997, the petitioner No.4 directed the appointments to be held in abeyance. It was alleged that above order was issued at the behest of Pir p Muhammad Arif Hussain Bokhari, MPA, Hafizabad, who wanted to accommodate his own partymen and for that purpose he made complaints to the Chief Minister, who constituted a District Scrutiny Committee and Divisional Recruitment/Scrutiny Committee. Above MPA was made member of the later Committee while former Committee was headed by a District and Sessions Judge. Matter was probed and only six persons were found to have been irregularly appointed. After submission of the' report, petitioner No.2 vide order dated 19-6-1997 directed District Education Officer (petitioner No.4 herein), to reissue appointment orders of the…
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