Executive Discretion
Executive Discretion legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Inquiry officer recommended that 1/4th amount from the monthly salary of the petitioner be deducted as fine and he be also given last/final chance and in case he did not improve his behavior in future he be punished strictly
Authorized officer, however, removed the petitioner from service
Held, applying the test of proportionality to the executive discretion exercised in the present case, the order of the authorized officer, failed to maintain fair balance by removing a person from service because he absented himself from duty for a day
Executive discretion also failed the structured test of proportionality including the test of suitability and test of necessity requiring minimum impairment of the right of the petitioner
Order of removal of the petitioner was set aside and the petitioner was reinstated into service without back benefits, as he had categorically stated in court that he did not wish to seek back benefits
Petition for leave to appeal was converted into appeal and allowed accordingly.
Scope.
"Executive Discretion", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/12804
Precedents & Case Laws citing "Executive Discretion"
P L D 2019 Supreme Court 189
SABIR IQBAL — Petitioner Versus CANTONMENT BOARD, PESHAWAR through Executive Officer and others — Respondents
Court: High CourtP L D 1964 (W
YAQEEN SHAH‑Petitioner Versus Haji Peer SHER BADSHAH AND ANOTHER — Respondents
Court: O. XXI, r. 29‑A as adopted by the Court of Judicial Commissioner N. W. F. P.‑Interpreta tion of rule‑Stay of execution‑Discretion of Court in seisin of suit under r. 63, O. XXI, C. P. C.‑Executing Court has no option but to stay execution on receiving intimation to that effect.2020 P L C (C
ATHAR RAHIM Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Local Government and 3 others
Court: Peshawar High Court1995 M L D 904
FLYING PAPER INDUSTRIES and others‑‑‑Petitioners Versus PUNJAB TEXT‑BOOK BOARD‑‑‑Respondent
Court: LahoreP L D 2007 Lahore 550
Messrs GOLDEN FALCON TRAVEL SERVICES (PVT.) LTD. through Director-Appellant Versus MINISTRY OF RELIGIOUS AFFAIRS, HAJJ, ZAKAT, USHER, GOVERNMENT OF PAKISTAN through Secretary, Islamabad and 2 others — Respondents
Court: High Court2023 P L C (C
IJAZ BADSHAH Versus SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, CABINET BLOCK, CONSTITUTION AVENUE, ISLAMABAD and others
Court: Supreme Court of Pakistan2023 S C M R 407
IJAZ BADSHAH — Petitioner Versus SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN, CABINET BLOCK, CONSTITUTION AVENUE, ISLAMABAD and others — Respondents
Court: Supreme Court of Pakistan1987 P L C (C
MUHAMMAD BASHIR Versus THE ADDITIONAL SECRETARY, MINISTRY OF FINANCE G.H.Q., RAWALPINDI
Court: Federal Service Tribunal2025 P L C (C
MUHAMMAD NASIR ISMAIL Versus GOVERNMENT OF PUNJAB through Secretary Law and Parliamentary Affairs Division, Lahore and others
Court: Supreme Court of Pakistan2025 S C M R 708
MUHAMMAD NASIR ISMAIL — Petitioner Versus GOVERNMENT OF PUNJAB through Secretary Law and Parliamentary Affairs Division, Lahore and others — Respondents
Court: Supreme Court of Pakistan