Case Details

Citation(s)
2002 SLG 1731 2002 SLD 1731 2002 PLC 233
Supreme Court of Pakistan
Civil Petition No.318-K of 2000, decision dated: 16-02-2001 (On appeal from the judgment dated 30-3-2000 passed in Constitutional Petition No.D-2311/1997 of the High Court of Sindh, Karachi).
NAZIM HUSSAIN SIDDIQUI AND ABDUL HAMEED DOGAR, JJ

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

SHABBIR AHMAD

VS

GOVERNMENT OF SINDH through Chief Secretary and another

Law:

Section:

(a) Sindh Public Service Commission Act (XI of 1989)----Ss. 4 & 6---Chairman or Member of the Commission, removal of ­Person once appointed as Member or Chairman of the Commission could not be removed except in accordance with the provisions of S.6 of Sindh Public Service Commission Act, 1989. (b) Sindh Public Service Commission Act (XI of 1989)--- ----Ss. 4, 6 & 5-A [as amended by Sindh Public Service Commission (Amendment) Ordinance (I of 1998)]---General Clauses Act (X of 1897), S.24--A---C010aiution of Pakistan(1973), Art. 185(3)---Notification No.SO II CS & GAD)/11-32-1997 dated 15-12-1997---Removal of Member of Public Service Commission ---Petitioner was appointed as Member of the Commission for a period of three years and joined his service---Petitioner by virtue of subsequent notice was removed from service under S.6 of Sindh Public Service Commission Act, 1989---Contention of the petitioner was that the notification of his removal from service was illegal and without lawful authority---Validity---Order of appointment issued by the Authorities had already taken legal effect and certain rights were created in favour of the petitioner---Notification of withdrawal of the earlier notification of appointment of the petitioner was without lawful authority and of no legal effect ---Since the period of tenure of the petitioner had already expired, he could not be allowed the relief of reinstatement---Supreme Court, however, observed that the petitioner might seek any other legal remedy available to him according to law if so advised--'Petition for leave to appeal was disposed of accordingly. Hitachi Limited v. Rupali Polyester and others 1998 SCMR 60; 1998 SCMR 68; 1998 SCMR 1618; Chief Secretary, Government of Sindh and another v. Sher Muhammad Makhdoom and 2 others PLD 1991 SC 973; Ch.Mazhar Ali Gill v. The District Magistrate, Faisalabad and others 1997 CLC 1311 and Pakistan v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 ref. Mazhar Ali B. Chohan, Advocate, Supreme Court for Petitioner. Suleman Habibullah, Additional Advocate-General, Sindh for Respondents. Date of hearing: 21st December, 2000 JUDGMENT ABDUL HAMEED DOGAR, J. --Petitioner,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492