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Petitioner: BASHIR AHMAD VS Respondent: PROVINCE OF PUNJAB
1992 P L C (C
1992 P L C (C.S.) 306
[Lahore High Court]
Before Manzoor Hussain Sial and Munir A. Shaikh, JJ
Dr. BASHIR AHMAD
Versus
PROVINCE OF PUNJAB and others
Writ Petition No. 6966 of 1990, decided on 8th May, 1991.
(a) Punjab Service Tribunals Act (IX of 1974)---
----S 4(b)---Punjab Civil Servants Act (VIII of 1974), S.9---Constitution of Pakistan (1973), Art. 199---Appointment---Order for appointment as Principal King Edward Medical College---No appeal lay before Service Tribunal as provided in proviso (b) to S. 4 of Punjab Service Tribunals Act, 1974---Petition under Art.199 was thus maintainable.
(b) Constitution of Pakistan (1973)--
----Art. 199---Punjab Service Tribunals Act (IX of 1974), S 4(b)---Appeal before Service Tribunal under S. 4(b) was not competent---Constitutional petition under Art. 199 was thus maintainable.
(c) Punjab Civil Servants Act (VIII of 1974)-
----S. 9---Constitution of Pakistan (1973), Art. 199---Appointment---High Court under Art. 199 of the. Constitution cannot substitute its decision for decision of competent Authority regarding fitness of a person to be appointed to a post or to hold a post where said question has been determined in accordance with law and based on relevant considerations---Order passed by competent Authority for appointment of respondent as principal distinctly showing that same was passed on compassionate ground with a view to compensate him---Competent Authority was also influenced by the fact that said respondent was retiring in near future and intention was to accommodate him because it had been observed that petitioner could avail opportunity to hold that post thereafter as he was to retire later on, law required that when such power vested in the Authority to determine such question the same was required to be decided objectively, dispassionately in public interest with special reference to functions which a select was required to perform.
(d) Punjab Civil Servants Act (VIII of 1974)---
----S. 9---Constitution of Pakistan (1973), Art. 199---Transfer---Respondent after rejection of his first representation made second representation which under law was not maintainable and even otherwise matter could not be reopened---Chief Minister without hearing petitioner passed impugned order against cardinal principles of natural justice---Impugned order was declared to have been passed without lawful authority.
Abid Hassan Minto and Malik Muhammad Nawaz for Petitioner.
S.M. Zafar for Respondent No. 2.
Maqbool Elahi Malik, A: G. with Irfan Oadir, AA.-G. and M. Ilyas Khan for Respondents.
Dates of hearing: 30th January, 11th, 17th, 19th, 23rd February 1991, 13th and 14th April, 1991.