Persona Designata

2024 PLC(CS) 1451 ISLAMABAD Judicial Precedent

Ss. 5 & 6Constitution of Pakistan, Art. 48PresidentExercise of powersPersona designataAdvice of Cabinet / Prime MinisterPrincipleShow-cause notice

Petitioner was appointed Chairman of Pakistan Science Foundation by President and assailed show-cause notice issued to him initiating disciplinary proceedings during which he was sent on forced leave

Validity

When President exercises functions conferred upon him by way of statute and not Constitutional functions, he acts as a persona designata and therefore is not bound to take advice from Cabinet or Prime Minister pursuant to Art. 48(1) of the Constitution

Any appointment would be in violation of the legislative intent if it is made by the President on the advice of Prime Minister pursuant to MP Policy under the garb of Art. 48(1) of the Constitution despite the fact that it is the President who is vested with the power of appointment by statute

Concerned authority in disciplinary matters was to exercise adjudicatory and quasi-judicial powers

President was not obligated to act on the advice of Cabinet or Prime Minister under Art. 48(1) of the Constitution in respect of disciplinary proceedings carried out against persons appointed by President under Pakistan Science Foundation Act, 1973

President could not even act on the recommendation of any other person or authority in respect of disciplinary proceedings

Power to remove petitioner / Chairman of respondent / Foundation could not be delegated by the President without the power to delegate conferred upon him by Pakistan Science Foundation Act, 1973

MP Policy was not sustainable under Pakistan Science Foundation Act, 1973 to the extent that it entailed delegation of President's quasi-judicial powers and was also not justifiable under Art. 48(1) of the Constitution

President was not obligated to act on the advice of Cabinet or Prime Minister in exercise of quasi-judicial powers conferred by statute or to even act on recommendation of any other authority or person with regard thereto

MP Policy to the extent that it empowered Secretary to initiate and conduct disciplinary proceedings (which were quasi-judicial in nature) against petitioner were not justified under Art. 48(1) of the Constitution

High Court set aside show-cause notice issued to petitioner as the same was without jurisdiction and void ab initio

Constitutional petition was allowed accordingly.

2023 MLD 1273 ISLAMABAD Judicial Precedent

Ss. 11(2) & 11(3), provisoRules of Business, 1973, R. 15-A (1), Serial 48General Clauses Act (X of 1897), S. 24-AConstitution of Pakistan, Arts. 48 & 199Constitutional petitionPowers of PresidentPersona designataScope

Dispute was with regard to rejecting of panel of candidates for the post of Vice Chancellor of University of Baltistan by President of Pakistan as persona designata

Validity

President or Governor exercise such powers as persona designata and are not bound by the provisions of the Constitution

Even where a statute vests power in the President or the Governor as persona designata, and such power is to be exercised on the advice of Prime Minister or Chief Minister, the President or the Governor would not be bound by such advice in discharge of any particular power or function that is quasi-judicial in nature

President passed an order rejecting summary for appointment of a Vice Chancellor and sought a fresh panel of individuals to be considered for purposes of appointment to the office of Vice-Chancellor of the University

President exercised his authority as persona designata

While doing so he was under an obligation to furnish reasons in accordance with the requirements of S. 24-A of General Clauses Act, 1897

High Court set aside decision of the President in his capacity as Chancellor as the same was devoid of any reasoning and had fallen foul of S. 24-A of General Clauses Act, 1897

High Court remanded the matter to Federal Government and directed that summary proposed by the University would be deemed to be pending before the President, who would be well within his right to seek a fresh panel of candidates, if he was dissatisfied with the quality of candidates proposed to him for appointment as Vice-Chancellor; that President was to exercise such power pursuant to the proviso to S. 11(3) of University of Baltistan Order, 2016, through a reasoned order in accordance with requirements of S. 24-A of General Clauses Act, 1897

Constitutional petition was allowed accordingly.

2020 PLD 1 ISLAMABAD Judicial Precedent

S. 3(1)Appointment of Tax OmbudsmanPresident, powers ofPersona DesignataSuch is an administrative function and does not involve exercising adjudicatory or quasi-judicial power

President does not act as persona designata rather power and function has been conferred on the President, as the President and not in a different capacity

President in exercising power under S. 3(1) of Establishment of Office of Federal Tax Ombudsman Ordinance, 2000 has a Constitutional duty to act on advice of Prime Minister.

1998 PTD 273 INCOME-TAX-APPELLATE-TRIBUNAL-PAKISTAN Judicial Precedent

Persona DesignataMeaning

Such person means a person pointed out or described as an individual as opposed to a person ascertained as a member of a class or as filing a particular character.