Law:

Section:

(a) Civil services--------Appointment on contract---Contractual period of civil servant's appointment comes to an end when he is absorbed in the service. (b) Constitution of Pakistan (1973)---- ----Art.185(3)---Petition for leave to appeal--New plea could not be allowed to be raised for the first .time in a petition for leave to appeal. 1998 SCMR 307 ref. (c) Constitution of Pakistan (1973)---- ---Art.199(2)(b)(ii)---Constitutional jurisdiction of High Court ---Scope--­Writ of qua warranto, issuance of---Essentials---Locus standi to challenge unauthorised occupation of a public office---Principles. Under Article 199(2)(b)(ii) of the Constitution of the Islamic Republic of Pakistan the High Court in exercise of its. Constitutional jurisdiction is competent to enquire from any person, holder of a public office to show that under what authority lie is holding the said office. In such-like cases where a writ in the nature of quo warranto is instituted the duty of the petitioner is to lay an information before the Court that such and such officer has no legal authority to retain such office. For a petitioner who acts, in fact, as an informer is not required to establish his locus standi to invoke the jurisdiction of the Court. Writ of quo warranto in its nature is an information laying against persons who claimed or usurped an office, franchise or liberty and was intended to inquire by what authority he supported his claim in order that right to office may be determined. It is necessary. for the issuance of writ that the office should be one created by the State of character or by statute and that the duty should be of a public nature. Writ of quo warranto could be moved by "any person who even may not be an aggrieved party but is holding a public office created by character or statute by the State". Any person can move the High Court to challenge the unauthorised occupation of a public office. On any such application Court is not, only to see that the incumbent is holding the office under the order of a Competent Authority but it is to go beyond that and see as to whether he is legally qualified to hold the office or to remain in the office. The Court has also to…

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