| Citation(s) |
|---|
| 1993 SLG 1034 1993 SLD 1034 1993 CLC 2234 |
High Court (AJ&K)
Writ Petition No. 31 of 1993, decided on 22nd June 1993.
S. MANZOOR HUSSAIN GILANI, J
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Writ Petition No. 31 of 1993, decided on 22nd June 1993.
S. MANZOOR HUSSAIN GILANI, J
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Syed M. YUSUF SHAH
VS
AZAD GOVERNMENT through its Chief Secretary, Muzaffarabad and another
Law:
Section:
(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 44---Constitutional petition---Locus standi to file---Petitioner calling in question authority of respondent official to hold office of Deputy Inspector-General of Police on contract basis after his superannuation ---Petitioner being a Prosecuting Inspector in Police Department had no present right to claim or hold the office of Deputy Inspector-General of Police; he was not aspirant to the office which he intended to get vacated; and he could not be for the reason that he had still to cross a pair of ladders to reach to the position of respondent official---Constitutional petition filed by petitioner, thus, did not favour consideration of the Court: --[Locus standi]. (b) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)-- ----S. 44---Constitutional petition---Locus standi to file---Petitioner calling in question authority of respondent official to hold office of Deputy Inspector-General of Police on contract basis after his superannuation ---Appointment of a public office holder although can be challenged by any member of the public in a writ of quo warranto, yet in that case credentials of the petitioner must be above board---Petitioner had been suspended from service by respondent official; enquiry was ordered to be conducted against him; and he had earlier filed a Constitutional petition in High Court in which respondent official was arrayed as a party in the case---Petitioner thus, had no locus standi to file Constitutional petition against the appointment of respondent official.--[Locus standi]. PLD 1993 SC (AJ&K)12 rel., ORDER The authority of respondent No.2 to hold the office of Deputy Inspector-General of Police is called is question through this writ petition. 2. The brief facts of the case are that respondent No.2 who was serving in the Police Department of the Azad Government of the State of Jammu and Kashmir as D.I: G. of Police, reached the age of superannuation on 14-9-1992. Before attaining the age of superannuation; an order was issued by-the Government on 3-9-1992, whereby respondent No.2 was appointed on contract basis for three years with effect…
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