2011 PLP (C (PLC(CS))
Malik FAIZ BAKHSH Versus GOVERNMENT OF THE PUNJAB etc.
| Citation | 2011 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Amin-ud-Din Khan, J |
| Parties | Malik FAIZ BAKHSH Versus GOVERNMENT OF THE PUNJAB etc. |
| Primary Law | Punjab Local Government (Legal Advisors) Rules, 2003 |
Q1: What are the key laws and sections cited in 2011 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Local Government (Legal Advisors) Rules, 2003 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Amin-ud-Din Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP (C (PLC(CS)) (Malik FAIZ BAKHSH Versus GOVERNMENT OF THE PUNJAB etc.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Arshad Khan for petitioner.
Headnotes / Summary
Rr. 4(4), 9(2) & 10
Constitution of Pakistan, Art.199
Constitutional petition
Appointment of Legal Advisor
Petitioner was appointed as Legal Advisor to the District Government for a period of two years
Appointment of the petitioner had been dispensed with, with immediate effect against the payment of one month remuneration in lieu of the notice
Rule 9(2) of the Punjab Local Government (Legal Advisors) Rules, 2003, had empowered the Government to dispense with the service of Legal Advisor and make a fresh appointment
Such power had been exercised by the Provincial Secretary Law and Parliamentary Affairs
No provision existed in law creating any vested right in favour of the petitioner by way of a permanent appointment as Legal Advisor
Every party has a right to have a counsel or a Legal Advisor of his own choice
No one could force that he be appointed or kept as counsel or Legal Advisor
Constitutional petition was dismissed.
Judgment & Decree
AMIN-UD-DIN KHAN, J.
The brief facts of the case are that the petitioner was appointed as a Legal Advisor to the District Government Bahawalpur through Letter No.GEN-2-30/ 2010/ 5784 dated 26-10-2010 for a period of two years. The appointment order was issued by the Secretary Law and Parliamentary Affairs Department in accordance with rule 10 of the Punjab Local Governments (Legal Advisors) Rules 2003 following recommendation by the Selection Committee constituted pursuant to the provisions of Rule 4(4) of the Rules 2003. The petitioner joined as part time Legal Advisor. to the District Government on 29-10-2010 vide Letter No.GEN/2-5/2003 /878 dated 1-3-2011 issued by the respondent. The appointment of petitioner as a Legal Advisor to the District Government was dispensed with, with immediate effect against the payment of one month remuneration in lieu of the notice. This order has been assailed in this writ petition.
2. The contention of the learned counsel for the petitioner is that the petitioner was appointed in accordance with rule 4(4), of Punjab Local Governments (Legal Advisors) Rules, 2003. Now the contention of the learned counsel for the petitioner is that no doubt rule 9 of the Rules, 2003 is applicable with the petitioner, but even then under the natural justice he was to be heard before passing any adverse order against him.
3. On the other hand, learned A.A.-G. on behalf of the respondent vehemently opposed this petition, submitting that the petitioner has no right to challenge the order as he has been appointed as part time Legal Advisor No vested right is created in favour of the petitioner.
4. I have considered the arguments addressed by the learned counsel for the parties and have gone through the rules.
5. Rule 9(2) of the Rules, 2003 empowers to government to dispense with the service of Legal Advisor and make a fresh appointment of the Legal Advisor to the District Government. This power has been exercised by the Secretary Law and Parliamentary Affairs Department Government of the Punjab. There is no provision which creates any vested right in favour of the petitioner by way of a permanent appointment as a legal advisor. Even otherwise it is an ethical rule that it is a right of every party to have a counsel or a legal advisor of his own choice. No one can force that he be appointed or kept as a counsel or legal advisor. The instant writ petition has no merits, which is dismissed with no order as to the costs. H.B.T./F-23/L Petition dismissed.