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Appointment and removal of civil servants

Appointment and removal of civil servants legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 PLD 195 SUPREME-COURT Judicial Precedent
Ss. 5 & 11Civil Servants (Appointment, Promotion and Transfer) Rules, 1973Civil Servants (Efficiency and Discipline Rules), 1973Constitution of Pakistan, Art. 184(3)Appointment and removal of civil servantsPrinciples

Whenever there were statutory provisions or rules or regulations which governed the matter of appointments of civil servants, the same must be followed, honestly and scrupulously

Even where there were no explicit rules governing the appointment process, and appointments were to be made in the exercise of discretionary powers, such discretion must be employed in a structured, transparent and reasonable manner and in the public interest

Appointing authorities could not be allowed to exercise discretion at their whims, or in an arbitrary manner; rather they were bound to act fairly, evenly and justly and their exercise of power was judicially reviewable

Removal and dismissal of civil servants from service was not left to anyone's whims and caprice and it was governed by rules and regulations

Anachronistic concept where government servants held office during the pleasure of the Authority had no place in a dispensation created and paid for by the people.

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Precedents & Case Laws citing "Appointment and removal of civil servants"

PLC(CS) 2015
S.A.No.7 of 2014, decided on 13th February, 2014.

2015 P L C (C

LIAQAT ALI CHALGARI Versus SENIOR MEMBER, BOARD OF REVENUE, GOVERNMENT OF BALOCHISTAN and another

Court: Balochistan Service Tribunal
PLC(CS) 2015
S.A.No.59 of 2014, decided on 25th March, 2014.

2015 P L C (C

ABDUL MALIK Versus CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN and 3 others

Court: Balochistan Service Tribunal
PLD 2013
N/A

P L D 2013 Supreme Court 195

Syed MAHMOOD AKHTAR NAQVI and others — Petitioners Versus FEDERATION OF PAKISTAN and others — Respondents

Court: Petition by Ms. Anita Turab for protection of Civil Servants: In re
PLC(CS) 2016
Mst. Nazia Tabassum v. Mst. Robina Latif, Senior Teacher, Government Girls High School Sanghot, District Mirpur, Azad Kashmir and 8 others 2013 SCR 356; Corruption in Hajj Arrangements in 2010 in the matter of Suo Motu Case No.24 of 2010 and Human Rights Cases, decided on 29th July, 2011 PLD 2011 SC 963; Mst. Shaista Idrees v. Mst. Gul Shireen and 7 others 2006 SCR 294; Dr. Muhammad Rafique v. Azad Government and 3 others 2007 SCR 429; Deputy Inspector General of Police and another v. Muhammad Yaseen and another 2008 SCR 611; Muhammad Maroof v. Sardar Muhammad Tariq Khan and 3 others 2009 SCR 63; Mst. Sabia Aziz v. Director Technical Education and 5 others 2011 SCR 545; Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530; Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others PLD 2013 SC 195; Zareena Kousar v. Divisional Director Schools and others 2014 SCR 878; Sajjad Ahmed Javed Bhatti v. The Federation of Pakistan through Secretary Establishment Division, Islamabad and others 2009 PLC (C.S.) 953 and Mir Shah Nawaz Marri, Ex-Director, Mineral Development presently O.S.D. S&GAD, Quetta v. Government of Balochistan through Chief Secretary, Balochistan Civil Secretariat Quetta and 4 others 2010 PLC (C.S.) 533 rel.

2016 P L C (C

MUHAMMAD ILYAS ABBASI Versus AZAD JAMMU AND KASHMIR GOVERNMENT through Chief Secretary and 4 others

Court: Supreme Court (AJ&K)
PLC(CS) 1992
Service Appeal No. 527 of 1991', decided on 31st December, 1991.

1992 P L C (C

JAVID IQBAL KHAN Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary and 3 others

Court: Service Tribunal Azad J&K
PLC(CS) 2005
Civil Appeals Nos.1283 to 1285 of 2001, decided on 14th October, 2004.

2005 P L C (C

MUHAMMAD SHOAIB and 2 others Versus GOVERNMENT OF N.-W.F.P. through the Collector, D.I. Khan and others

Court: Supreme Court of Pakistan
PLC(CS) 1992
Appeal No. 146 of 1989, decided on 9th October, 1990.

1992 P L C (C

ABDUL MAJEED Versus SECRETARY TO GOVERNMENT OF N.W.F.P. EDUCATION DEPARTMENT, PESHAWAR and another

Court: Service Tribunal N-W.F.P.
PLC(CS) 2004
Appeals Nos.2425 and 2442' of 1999, decided on 28th January, 2002

2004 P L C (C

Mst. NAZIA ANJUM and another Versus THROUGH SECRETARY ELEMENTARY EDUCATION, GOVERNMENT OF THE PUNJAB, CIVIL SECRETARIAT, LAHORE and 3 others

Court: Punjab Service Tribunal
PLC(CS) 1983
Appeal No, 120 (R) of 1980, decided on 3rd November, 1982.

1983 P L C (C

AMEER ALI BARQ Versus SECRETARY TO GOVERNMENT OF PAKISTAN,

Court: Federal Service Tribunal
SCMR 1989
Civil Petitions Nos.899 to 903, 905, 911 to 913 and 953 of 1982, decided on 21st November, 1988.

1989 S C M R 1058

TAHIR SULTAN and 9 others‑‑Petitioners Versus GOVERNMENT OF THE PUNJAB and another‑‑Respondents

Court: High Court