| Case ID |
03cd665d-ae2d-4945-b179-071ea1374254 |
| Body |
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| Case Number |
Writ Petition No.18024 of 2008 |
| Decision Date |
Sep 29, 2010 |
| Hearing Date |
Sep 29, 2010 |
| Decision |
The Lahore High Court dismissed Writ Petition No.18024 of 2008, ruling that the notification appointing respondent No.5 as Chairman of the Punjab Service Tribunal was validly issued. The Court reiterated that the Governor must act on the advice of the Chief Minister, and that the Acting Governor is empowered to perform the functions of the Governor in the absence of the latter. The Court emphasized the importance of adhering to constitutional provisions, stating that the Acting Governor was not unauthorized to make the appointment and that the decision of the Chief Minister prevailed. The petition was found to be devoid of merit, and the notification was upheld as free from legal or constitutional infirmity. |
| Summary |
In the case of Writ Petition No.18024 of 2008, the Lahore High Court addressed the appointment of the Chairman of the Punjab Service Tribunal. The petitioner, Aurangzeb Shaafi Burki, challenged the legality of the appointment made by the Acting Governor, asserting that such an appointment fell outside the authority of an Acting Governor. The case highlighted the constitutional framework surrounding the roles and responsibilities of the Governor and the Chief Minister under the Constitution of Pakistan, particularly Articles 101, 104, 105, and 199. The Court held that the Governor is bound to act on the advice of the Chief Minister, emphasizing that the authority to appoint the Chairman lies with the Governor, which could be executed by the Acting Governor during the absence of the permanent Governor. The decision reinforced the principle that the Chief Minister's advice is binding on the Governor, thereby validating the actions taken during the Acting Governor's tenure. The judgment is significant for its interpretation of constitutional roles and the procedural integrity of appointments in provincial governance, ensuring that such processes adhere strictly to the constitutional mandates. The Court dismissed the petition, affirming the legality of the appointment and the notification issued, thereby maintaining the continuity of governance in the province. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMED CHAUDARY,
SH. AZMAT SAEED,
CH. IFTIKHAR HUSSAIN,
IQBAL HAMEED UR REHMAN,
UMER ATA BANDIAL
|
| Lawyers |
Ch. Fawad Hussin,
Asif Ismail,
Abid Hassan Minto,
Malik Muhammad Awais Khalid,
Syed Najam ul Hassan Kazmi
|
| Petitioners |
AURANGZEB SHAAFI BURKI
|
| Respondents |
PROVINCE OF PUNJAB through Chief Secretary, Lahore and 5 others
|
| Citations |
2011 SLD 1730,
2011 PLC 735
|
| Other Citations |
PLD 2009 SC 979,
PLD 1996 SC 324,
PLD 2009 SC 879,
1997 MLD 3167,
1995 MLD 2022,
PLD 1994 SC 738,
1979 SCMR 17,
1994 CLC 5,
2004 SCMR 1299,
PLD 1969 SC 42,
2008 CLC 738,
2004 PLC (CS) 1328,
PLD 1958 SC 437,
PLD 1961 SC 192,
1993 CLC 1067,
AIR 1982 Rajasthan 67
|
| Laws Involved |
Constitution of Pakistan,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
105,
101,
104,
199,
3(4)
|