Case Details

Citation(s)
2007 SLG 3206 2007 SLD 3206 2007 PLJ 115
Peshawar High Court
W.P. No. 35 of 2007 with C.M. No. 13 of 2007, decided on 25.4.2007
SALIM KHAN AND HAMID FAROOQ DURRANI, JJ.
Mr. Shad Muhammad Khan, Advocate for Petitioner. D.A.G and P, DSP Khurshid Anwar, for
Respondents

QAMAR ZAMAN

VS

SECRETARY NWFP PUBLIC SERVICE COMMISSION, PESHAWAR and 2 others--Respondents

Law:

Section:

Police Order, 2002-- ----Art. 7(3)--Constitution of Pakistan, 1973--Art. 199--Service matter--Qualified police officials--Eligible for the post of A.S.I.--Provisional list was recommended--Selection committee was constituted to check service record of candidates--Adverse entries against civil servant--Violation of law--Whether record is or is not clean--Determination--Depriving appropriate Public Service Commission of its right--Difference of opinion--Decision was in accordance with Regulation--Proceedings after recommendations--NWFP Public Service Commission had checked the record of the candidates and recommended the petitioner for appointment as A.S.I.--Recommendations of Public Service Commission was without lawful authority and void--Police Establishment could constitute such a committee for stages before selection by Commission and would send the record to the Commission for its consideration before decision of selection--Held: Order regarding civil servant dropping his candidacy and not appointing him and not allowing him to join of the Police Establishment was without lawful authority and void--Petition was accepted. Judgment Salim Khan, J.--Qamar Zaman presently L.H.C. No. 442 Police Line Abbottabad instituted this Writ Petition No. 35/2007 against Secretary N.W.F.P. Public Service Commission and Inspector General of Police alongwith Secretary Home Department. He alleged that he, like other qualified police officials, was eligible for the post of A.S.I, by selection from amongst the graduates, that he appeared for written test and interview, and was placed on the provisional list duly recommended by the N.W.F.P. Public Service Commission. It was further alleged that the N.W.F.P. Public Service Commission checked the record of the recommendees and found them eligible, but other constables/head constables were appointed vide Office Order No. 22321-27/E-II dated 28.2.2006 while the petitioner was left over. 2. Comments of Respondent No. 2 were obtained who stated that there were adverse entries against the petitioner, and, therefore, the petitioner was not eligible and entitled to be posted as A.S.I. 3. We heard the arguments of the learned counsel for…
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