| Case ID |
229f8112-65df-4620-938c-409f3a9b2000 |
| Body |
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| Case Number |
Writ Petition No.12455 of 2003 |
| Decision Date |
Sep 17, 2004 |
| Hearing Date |
Sep 17, 2004 |
| Decision |
The Lahore High Court dismissed the writ petition seeking a writ of quo warranto against Dr. Rashid Mehmood Raufi, who held the post of District Officer (Health-II) in BS-19 based on the order from the Secretary Local Government and Rural Development. The court found that the appointment of respondent No.6 was made in public interest and that the petitioner had no vested right to claim the appointment to a specific post. The court ruled that the opinion of public functionaries regarding public interest cannot be substituted by the High Court under Article 199 of the Constitution. The petitioner's claims regarding the authority of the respondent and the alleged mala fide actions were dismissed as lacking merit. |
| Summary |
The case revolves around a dispute over the appointment and transfer of public servants under the Civil Servants Act and the Constitution of Pakistan. The petitioner, Dr. Ghulam Shabbir Saqib, challenged the legitimacy of Dr. Rashid Mehmood Raufi's appointment as District Officer (Health-II) in BS-19, arguing that it was a violation of seniority and constituted mala fide action. The Lahore High Court ruled that public servants do not have a vested right to specific posts and upheld the authority of the local government in making appointments in the interest of public service. The decision underscores the court's deference to administrative decisions made in public interest, reinforcing the principle that the judiciary will not interfere with administrative actions unless there is a clear violation of law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED, JAMSHED ALI, J
|
| Lawyers |
Rana Bashir Ahmed Kasuri,
Dr. M. Mohy-ud-Din Qazi,
Dr. Ehsan-ul-Haque Khan,
Aamir Rehman
|
| Petitioners |
Dr. GHULAM SHABBIR SAQIB, D.H.O.
|
| Respondents |
GOVERNMENT OF PUNJAB, through Secretary L.G. and R.D. Department and others
|
| Citations |
2005 SLD 992,
2005 PLC 993
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Constitution of Pakistan (1973)
|
| Sections |
10,
199
|