Case Details

Citation(s)
2001 SLG 1471 2001 SLD 1471 2001 SCMR 1272
Supreme Court of Pakistan
Civil Petition No.318-K of 2000, decision dated: 16-02-2001, hearing DATE : 21st December, 2000
NAZIM HUSSAIN SIDDIQUI AND ABDUL HAMEED DOGAR, JJ
Mazhar Ali B. Chohan, Advocate, Supreme Court for Petitioner. Suleman Habibullah, Additional A.G. Sindh for
Respondents

SHABBIR AHMAD

VS

GOVERNMENT OF SINDH and another

Law:

Section:

(a) Sindh Public Service Commission Act (XI of 1989) Ss. 4 & 6Chairman or Member of the Commission, removal of­Person 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 & 5A [as amended by Sindh Public Service Commission (Amendment) Ordinance (I of 1998)]Constitution of Pakistan (1973), Art. 185(3)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, 1989Contention of the -Petitioner was that the notification of his removal from service was illegal and without lawful authorityValidityOrder of appointment issued by the Authorities had already taken legal effect and certain rights were created in favour of the -PetitionerNotification of withdrawal of the earlier notification of appointment of the -Petitioner was without lawful authority and of no legal effectSince the period of tenure of the -Petitioner had already expired, he could not be allowed the relief of reinstatementSupreme Court however observed that the -Petitioner might seek any other legal remedy available to him according to law if so advised­Petition for leave to appeal was disposed of accordingly. Hitachi Limited v. Rupali Polyester and others 1998 SCMR 16108; 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 1811 and Pakistan v. Muhammad Himayatullah Farukhi PLD 1969 SC 407 ref. JUDGMENT ABDUL HAMEED DOGAR, J. -Petitioner, Shabbir Ahmad seeks leave to appeal against the order dated 3032000 of a learned Division Bench, High Court of Sindh, Karachi, whereby his petition was dismissed. 2. The relevant facts, in brief, leading to the filing of the petition are that the -Petitioner was appointed as a Member, Sindh Public Service Commission (hereinafter to be referred as the…
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