Discretion of Executive Authority
Discretion of Executive Authority legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
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.
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.
"Discretion of Executive Authority", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124939638
Precedents & Case Laws citing "Discretion of Executive Authority"
P L D 1961 (W
SARDAR ALI BHATTI‑Petitioner Versus PAKISTAN THROUGH GENERAL MANAGER, N. W. R., LAHORE‑Respondent
Court:2014 P L C (C
GHULAM MUHAMMAD — Petitioner Versus PROVINCE OF SINDH through Chief Secretary and another — Respondents
Court: Sindh High CourtP 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: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 re1987 C L C 1277
PARWAIZ AHMED‑‑Petitioner Versus DISTRICT JUDGE, WEST KARACHI and 2 others‑‑Respondents
Court: Karachi High CourtP L D 1993 Lahore 159
OURBAN ALI KHAN ‑‑‑ Petitioner Versus IV CIVIL & FAMILY JUDGE (CENTRAL), KARACHI
Court:P L D 1969 Dacca 417
MAKRAMULLAH‑Petitioner Versus PROVINCE OF EAST PAKISTAN Opposite‑Party
Court:2024 M L D 1410
Dr. Akbar Anjum — Petitioner Versus Bahauddin Zakariya University through Registrar and others — Respondents
Court: Lahore (Multan Bench)P L D 2019 Supreme Court 189
SABIR IQBAL — Petitioner Versus CANTONMENT BOARD, PESHAWAR through Executive Officer and others — Respondents
Court: High Court1994 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)