1992 PLP (C (PLC(CS))
Dr. BASHIR AHMAD Versus PROVINCE OF PUNJAB and others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Manzoor Hussain Sial and Munir A. Shaikh, JJ |
| Parties | Dr. BASHIR AHMAD Versus PROVINCE OF PUNJAB and others |
| Primary Law | (c) Punjab Civil Servants Act (VIII of 1974), (b) Constitution of Pakistan (1973), (a) Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (c) Punjab Civil Servants Act (VIII of 1974), (b) Constitution of Pakistan (1973), (a) Punjab Service Tribunals Act (IX of 1974), (d) Punjab Civil Servants Act (VIII of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Manzoor Hussain Sial and Munir A. Shaikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Dr. BASHIR AHMAD Versus PROVINCE OF PUNJAB and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abid Hassan Minto and Malik Muhammad Nawaz for Petitioner.
- S.M. Zafar for Respondent No. 2.
- Maqbool Elahi Malik, A: G. with Irfan Oadir, AA.-G. and M. Ilyas Khan for Respondents.
- Dates of hearing: 30th January, 11th, 17th, 19th, 23rd February 1991, 13th and 14th April, 1991.
Headnotes / Summary
S 4(b)
Punjab Civil Servants Act (VIII of 1974), S.9
Constitution of Pakistan (1973), Art. 199
Order for appointment as Principal King Edward Medical College
No appeal lay before Service Tribunal as provided in proviso (b) to S. 4 of Punjab Service Tribunals Act, 1974
Petition under Art.199 was thus maintainable.
Art. 199
Punjab Service Tribunals Act (IX of 1974), S 4(b)
Appeal before Service Tribunal under S. 4(b) was not competent
Constitutional petition under Art. 199 was thus maintainable.
S. 9
Constitution of Pakistan (1973), Art. 199
High Court under Art. 199 of the. Constitution cannot substitute its decision for decision of competent Authority regarding fitness of a person to be appointed to a post or to hold a post where said question has been determined in accordance with law and based on relevant considerations
Order passed by competent Authority for appointment of respondent as principal distinctly showing that same was passed on compassionate ground with a view to compensate him
Competent Authority was also influenced by the fact that said respondent was retiring in near future and intention was to accommodate him because it had been observed that petitioner could avail opportunity to hold that post thereafter as he was to retire later on, law required that when such power vested in the Authority to determine such question the same was required to be decided objectively, dispassionately in public interest with special reference to functions which a select was required to perform.
S. 9
Constitution of Pakistan (1973), Art. 199
Respondent after rejection of his first representation made second representation which under law was not maintainable and even otherwise matter could not be reopened
Chief Minister without hearing petitioner passed impugned order against cardinal principles of natural justice
Impugned order was declared to have been passed without lawful authority.
Judgment & Decree
(b) Constitution of Pakistan (1973)
Art. 199
Punjab Service Tribunals Act (IX of 1974), S 4(b)
Appeal before Service Tribunal under S. 4(b) was not competent
Constitutional petition under Art. 199 was thus maintainable. (c) Punjab Civil Servants Act (VIII of 1974)
S. 9
Constitution of Pakistan (1973), Art. 199
High Court under Art. 199 of the. Constitution cannot substitute its decision for decision of competent Authority regarding fitness of a person to be appointed to a post or to hold a post where said question has been determined in accordance with law and based on relevant considerations
Order passed by competent Authority for appointment of respondent as principal distinctly showing that same was passed on compassionate ground with a view to compensate him
Competent Authority was also influenced by the fact that said respondent was retiring in near future and intention was to accommodate him because it had been observed that petitioner could avail opportunity to hold that post thereafter as he was to retire later on, law required that when such power vested in the Authority to determine such question the same was required to be decided objectively, dispassionately in public interest with special reference to functions which a select was required to perform. (d) Punjab Civil Servants Act (VIII of 1974)
S. 9
Constitution of Pakistan (1973), Art. 199
Respondent after rejection of his first representation made second representation which under law was not maintainable and even otherwise matter could not be reopened
Chief Minister without hearing petitioner passed impugned order against cardinal principles of natural justice
Impugned order was declared to have been passed without lawful authority. Abid Hassan Minto and Malik Muhammad Nawaz for Petitioner. S.M. Zafar for Respondent No.
2. Maqbool Elahi Malik, A: G. with Irfan Oadir, AA.-G. and M. Ilyas Khan for Respondents. Dates of hearing: 30th January, 11th, 17th, 19th, 23rd February 1991, 13th and 14th April, 1991.