| Case ID |
204ce176-e88e-4596-b051-cbfa71d80f23 |
| Body |
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| Case Number |
Writ Petition No. 169 of 1986 |
| Decision Date |
Mar 27, 1990 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the Establishment Division acted beyond its authority and in bad faith by rejecting the Federal Public Service Commission's recommendation for the appointment of Nazir Ahmad Kasana as Rice Commissioner. The court emphasized that the recommendations of the Commission are advisory but should not be disregarded without valid reasons. The Establishment Division's actions were deemed mala fide, leading to the case being set aside, and the Commission was directed to reassess the petitioner's service record and make a new recommendation accordingly. |
| Summary |
In the case of Nazir Ahmad Kasana vs. Islamic Republic of Pakistan, the Lahore High Court addressed the legality of the Establishment Division's rejection of the Federal Public Service Commission's recommendation for Kasana's appointment as Rice Commissioner. The court highlighted the importance of adhering to established processes and the potential consequences of acting in bad faith. The Establishment Division's failure to engage properly with the Commission's recommendations led to a ruling that emphasized the need for transparency and accountability in public service appointments. The decision underscores the legal framework governing civil service appointments in Pakistan and the critical role of the Federal Public Service Commission in ensuring merit-based recruitment. This case serves as a pivotal reference for future appointments and highlights the necessity of following due process to avoid arbitrary decision-making. |
| Court |
Lahore High Court
|
| Entities Involved |
Establishment Division,
Federal Public Service Commission,
Agriculture Division
|
| Judges |
ABDUL MAJEED TIWANA, J
|
| Lawyers |
Tariq Javed for Petitioner,
Abdul Baseer Oureshi, Dy. A.G. for Respondents
|
| Petitioners |
NAZIR AHMAD KASANA
|
| Respondents |
2 others,
ISLAMIC REPUBLIC OF PAKISTAN through Secretary, Establishment Division, Government of Pakistan, Rawalpindi
|
| Citations |
1990 SLD 1462,
1990 PLC 573
|
| Other Citations |
Federation of Pakistan v. Saeed Ahmad Khan P L D 1974 SC 151,
Dr. Habibur Rehman v. The West Pakistan Public Service Commission, Lahore and 4 others P L D 1973 SC 144,
Punjab Public Service Commission v. Ali Gul Khan and 4 others 1976 S C M R 212
|
| Laws Involved |
Rules of Business, 1973,
Civil Service (Appointment Promotion and Transfer) Rules, 1976,
Federal Public Service Commission Ordinance, 1977,
Constitution of Pakistan (1973)
|
| Sections |
3(3),
11,
12,
15,
6,
8,
199,
242
|