Case ID |
0a555d13-2828-4c11-a2b5-2e6a90581d61 |
Body |
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Case Number |
D-991 of 1987 |
Decision Date |
Mar 29, 1988 |
Hearing Date |
Mar 15, 1988 |
Decision |
The Sindh High Court ruled that the withholding of the petitioner's appointment as a Civil Judge was unlawful. The court determined that the allegations against the petitioner being an active political worker were not substantiated by any evidence. It emphasized that every citizen has the constitutional right to be a member of a political party, provided there are reasonable restrictions imposed by law. The court directed the implementation of the Public Service Commission's recommendation for the petitioner's appointment as Civil Judge, asserting that discretion exercised by the competent authority must adhere to principles of good faith, fairness, and legality, and should not be arbitrary or capricious. |
Summary |
In the case of Mantahar Ali M. Jatoi vs. The Government of Sind, the petitioner challenged the refusal of his appointment as a Civil Judge, despite being selected by the Sind Public Service Commission. The court addressed significant issues regarding civil servants' rights, political affiliations, and the lawful exercise of discretion by governmental authorities. The ruling highlighted that allegations of political activity without substantial evidence cannot justify the denial of public service appointments. Keywords such as 'civil service appointment', 'constitutional rights', 'political party membership', and 'judicial review' are relevant in the context of this case. The judgment reinforces the importance of lawful and fair treatment of citizens in public service matters. |
Court |
Sindh High Court
|
Entities Involved |
Not available
|
Judges |
NAIMUDDIN, C.J.,
ALLAHDIN G. MEMON, J.
|
Lawyers |
Makhdoom Ali Khan,
Abdul Rahim Kazi, Addl. A.-G., Sind
|
Petitioners |
MANTHAR ALI M. JATOI
|
Respondents |
THE GOVERNMENT OF SIND through Chief Secretary, Sind Secretariat, Karachi
|
Citations |
1988 SLD 1012,
1988 PLC 344
|
Other Citations |
Mazhar Hussain v. Province of Punjab P L D 1985 Lah. 394,
Muhammad Farooq M. Memon, Advocate v. Government of Sind 1986 CLC 1408,
Province of East Pakistan v. Dr. K.A. Mansur and others P L D 1963 Dacca 211,
Syed Jaffar Hussain and 4 others v. The Additional Rehabilitation Commissioner, Lahore and 6 others 1985 S C M R 1076,
Federation of Pakistan and others v. Messrs Charsadda Sugar Mills Limited 1978 S C M R 428,
Makramullah v. Province of East Pakistan P L D 1969 Dacca 417,
The Montgomery Flour and General Mills Limited v. The Director, Food Purchases, West Pakistan and 2 others P L D 1957 (W.P.) Lah. 914
|
Laws Involved |
Sind Civil Servants Act (XIV of 1973),
Constitution of Pakistan (1973)
|
Sections |
5,
17(2),
199
|