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Discretion of Executive Authority

Discretion of Executive Authority legal meaning, translation and judicial precedents.

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

2014 PLC(CS) 797 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Ss. 4, 5 & 10Constitution of Pakistan, Art.199Constitutional petitionTenure, appointment and transferDiscretion of executive authorityScope

Appointing authority 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

Ordinary tenure for a posting had been specified in the law or rules, such tenure must be respected and could not be varied except for compelling reasons.

2013 PLD 195 SUPREME-COURT Judicial Precedent
Ss. 4, 5, 9 & 10Constitution of Pakistan, Art. 184(3)Tenure, appointments, promotions and transfers of civil servantsDiscretion of Executive AuthorityInterference by courtsScope

Responsibility of deciding suitability of an appointment, posting or transfer fell primarily on the executive branch of the State which comprised of both the political executive and civil servants

Decision making in relation to tenure, appointments, promotions and transfers remained rule-based and was not susceptible to arbitrariness or absolute and unfettered discretion

Courts ordinarily would not interfere in the functioning of the executive as long as it adhered to the law and established norms and acts in furtherance of its fiduciary responsibility.

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Precedents & Case Laws citing "Discretion of Executive Authority"

PLD 1961
Writ Petition No. 382 of 1958, decided on 9th June 1961.

P L D 1961 (W

SARDAR ALI BHATTI‑Petitioner Versus PAKISTAN THROUGH GENERAL MANAGER, N. W. R., LAHORE‑Respondent

Court:
PLC(CS) 2014
Constitutional Petition No.D-613 of 2013, decided on 25th January, 2014.

2014 P L C (C

GHULAM MUHAMMAD — Petitioner Versus PROVINCE OF SINDH through Chief Secretary and another — Respondents

Court: Sindh High Court
PLD 1970
Petition No. 27 of 1967, decided on 26th April 1968.

P L D 1970 Dacca 457

RADHA KANTA BANIK‑Petitioner Versus THE PROVINCE OF EAST PAKISTAN REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF EAST PAKISTAN AND 2 OTHERS‑Respondents

Court:
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
CLC 1987
Constitutional Petition No. S‑137 of 1986, decided on 24th February, 1987.

1987 C L C 1277

PARWAIZ AHMED‑‑Petitioner Versus DISTRICT JUDGE, WEST KARACHI and 2 others‑‑Respondents

Court: Karachi High Court
PLD 1993
Constitutional Petition No.S‑73 of 1991, decided on 6th December, 1992.

P L D 1993 Lahore 159

OURBAN ALI KHAN ‑‑‑ Petitioner Versus IV CIVIL & FAMILY JUDGE (CENTRAL), KARACHI

Court:
PLD 1969
Civil Rule No. 134 of 1968, decided on 8th April 1968.

P L D 1969 Dacca 417

MAKRAMULLAH‑Petitioner Versus PROVINCE OF EAST PAKISTAN Opposite‑Party

Court:
MLD 2024
N/A

2024 M L D 1410

Dr. Akbar Anjum — Petitioner Versus Bahauddin Zakariya University through Registrar and others — Respondents

Court: Lahore (Multan Bench)
PLD 2019
2019-January-4

P L D 2019 Supreme Court 189

SABIR IQBAL — Petitioner Versus CANTONMENT BOARD, PESHAWAR through Executive Officer and others — Respondents

Court: High Court
PLC(CS) 1994
Writ Petitions Nos.91, 89 and 85 of 1992, decided on 24th March, 1994.

1994 P L C (C

JAVED IQBAL KHAWAJA and others Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through its Chief Secretary, Muzaffarabad and others

Court: High Court (AJ&K)