| Citation(s) |
|---|
| 2010 SLG 3115 2010 SLD 3115 2010 PLC 626 |
Lahore High Court
I.C.A. No. 302 of 2009 in Writ Petition 5500 of 2009, decided on 29th June, 2009.
FAZAL-E-MIRAN CHAUHAN AND PARVAIZ ALI CHEEMA, JJ
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I.C.A. No. 302 of 2009 in Writ Petition 5500 of 2009, decided on 29th June, 2009.
FAZAL-E-MIRAN CHAUHAN AND PARVAIZ ALI CHEEMA, JJ
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MUHAMMAD NAWAZ CHEEMA and others
VS
PRINCIPAL SECRETARY TO CHIEF MINISTER PUNJAB, LAHORE and others
Law:
Section:
Civil service--- ----Appointment---Cancellation of appointment---Appellant and others applied for the post concerned in response to an advertisement---Public Service Commission issued call letters for interview, but later on the Commission cancelled the interview suddenly without assigning any reason---Subsequently appellant was appointed through a directive---Appellant having been appointed in clear violation of the rules, his appointment was rightly cancelled by Single Judge of High Court being illegal, tainted with mala fide and politically motivated---Counsel for the appellant had failed to point out any illegality or irregularity in the impugned order---Impugned order not suffering from any illegality or irregularity, could not be interfered with in Intra-Court appeal. ORDER This ICA is directed against the order dated 27-5-2009 passed by the honourable Chief Justice of this Court accepting Writ Petition No.5500 of 2009 and the appointment of the appellant was cancelled as declaring the same to be illegal, tainted with mala fide and politically motivated. 2. Brief facts of the case are that the appellant was appointed as Assistant Engineer Mechanical BS-17 on Regular Basis in Sheikh Zayed Hospital, Lahore in September, 2005. He remained in service of the said Hospital till March, 2007. The appellant also possessed requisite qualification required for the post of Chief Inspector Boiler BS-18 in the Directorate of Industries Punjab Lahore vide order dated 3-11-2007 issued by Secretary Industries, Government of the Punjab and before joining the service he resigned from the service in Sheikh Zayed Hospital, Lahore. The appointment was challenged in Writ Petition No.3435 of 2007 filed by respondent No.4. The appellant also filed Writ Petition No.4225 of 2007. Both the writ petitions were consolidated and disposed of with the direction to respondent No.2 to decide the matter in accordance with rules and regulations of the department. The Departmental Promotion Committees meeting was held on 20-10-2007 but nobody from the entire department was found eligible for promotion to the post of Chief Inspector Boilers and decided…
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