Case Details

Citation(s)
1992 SLG 747 1992 SLD 747 1992 ITR 306
Lahore High Court
Writ Petition No. 6966 of 1990, decided on 8th May, 1991.
MANZOOR HUSSAIN SIAL AND MUNIR A. SHAIKH, JJ
Abid Hassan Minto and Malik Muhammad Nawaz for Petitioner. S.M. Zafar for
Respondent No. 2. Maqbool Elahi Malik, A. G. with Irfan Oadir, AA.G. and M. Ilyas Khan for
Respondents.

Dr. BASHIR AHMAD

VS

PROVINCE OF PUNJAB and others Dr. BASHIR AHMAD vs PROVINCE OF PUNJAB and others

Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)--- ----S 4(b)---Punjab Civil Servants Act (VIII of 1974), S.9---Constitution of Pakistan (1973), Art. 199---Appointment---Order for appointment as Principal King Edward Medical College---No appeal lay before Service Tribunal as provided in proviso (b) to S. 4 of Punjab Service Tribunals Act, 1974---Petition under Art.199 was thus maintainable. (b) Constitution of Pakistan (1973)-- ----Art. 199---Punjab Service Tribunals Act (IX of 1974), S 4(b)---Appeal before Service Tribunal under S. 4(b) was not competent---Constitutional petition under Art. 199 was thus maintainable. (c) Punjab Civil Servants Act (VIII of 1974)- ----S. 9---Constitution of Pakistan (1973), Art. 199---Appointment---High Court under Art. 199 of the. Constitution cannot substitute its decision for decision of competent Authority regarding fitness of a person to be appointed to a post or to hold a post where said question has been determined in accordance with law and based on relevant considerations---Order passed by competent Authority for appointment of respondent as principal distinctly showing that same was passed on compassionate ground with a view to compensate him---Competent Authority was also influenced by the…
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