Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 212(3) & 199---Civil service---Appointment---Terms and conditions---Jurisdiction of High Court under Art. 199 of the Constitution---Scope---Leave to appeal was granted by the Supreme Court, inter alia, to consider the questions, as to whether the Constitutional jurisdiction of High Court could be exercised when the nature of the appointment by itself was in dispute, as the terms and conditions of service flow from the nature of the appointment; whether in case of writ of quo warranto challenging the legal authority of holder of public office, it was essential for the employee to have a locus standi to file a writ and whether the employee was guilty of misconduct by using the documents of the Service and General Administration Department without permission by the concerned authority. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction of High Court under Art.199 of the Constitution---Scope---Principles governing writ of quo warranto. Under Article 199 of the Constitution all the reliefs obtainable under it are purely discretionary and on the principles governing writs of quo warranto the relief under Art.199(2)(b)(ii) is particularly so. Quo warranto is not issued as a matter of course. The Court can and will enquire into the conduct and motive of the relator. No precise rule can be laid down for the exercise of discretion by the Court in granting or refusing an information in the nature of quo warranto. All the circumstances of the case taken together must govern the discretion of the Court. The discretion has to be exercised in accordance with judicial principles. The writ is not to issue as a matter of course on sheer technicalities on a doctrinaire approach. Grant of relief in writ jurisdiction irrespective of its kind, is discretionary which is required to be exercised judiciously but the High Court would be fully competent while exercising such discretion to test the bona fides of the relator to see if he has come with clean hands. In. case it is determined that the petitioner had approached the Court with ulterior motive, mala fide intention and as an instrument of others,…

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