| Case ID |
2d2b399a-8061-4ce2-95b6-614454a15465 |
| Body |
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| Case Number |
Writ Petition No.56601 of 2022 |
| Decision Date |
Oct 27, 2022 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled on the petition filed by the petitioner Nisar Sarwar against the office order dated 19.09.2022, which had appointed a junior official to a higher post over the petitioner. The Court held that the discretionary powers exercised by the authorities must be in accordance with the law, and the principles of good governance and transparency must prevail. The High Court directed the Federal Government to ensure compliance with the relevant rules and policies regarding transfers and postings, and transmitted the petition for review. The decision emphasized that seniority and eligibility should be respected in appointments, especially when the position in question was not vacant. The petition was ultimately disposed of with directions to adhere strictly to the applicable laws and policies. |
| Summary |
In the case of Writ Petition No.56601 of 2022, Nisar Sarwar challenged an office order from LESCO that appointed a junior official as Project Director in his stead. The Lahore High Court underscored the necessity for fair and lawful exercise of discretionary powers, stressing that good governance requires transparency and adherence to established rules. The Court directed the Federal Government to review the case and ensure that all applicable laws, particularly those governing seniority and eligibility for office appointments, are followed, thereby reinforcing the principles of justice and lawful administration. This case highlights significant aspects of administrative law and the importance of maintaining procedural integrity in governmental appointments. The decision serves as a precedent for similar cases concerning discretionary powers within government entities, ensuring that justice is not only done but is also seen to be done. The ruling has implications for public sector governance and the treatment of civil servants under the law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SAJID MEHMOOD SETHI, J
|
| Lawyers |
Muhammad Shahzad Shaukat for Petitioner,
Muhammad Zain Qazi, Assistant Attorney General,
Mian Muhammad Javaid, Advocate/Legal Advisor for Respondent-LESCO,
Naveed Ahmad Khawaja for Respondent No.6
|
| Petitioners |
NISAR SARWAR
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary to the Government of Pakistan, Ministry of Energy Power Division, Islamabad and others
|
| Citations |
2023 SLD 388,
2023 PLC 81
|
| Other Citations |
Muhammad Yasin v. Federation of Pakistan through Secretary, Establishment Division, Islamabad and others PLD 2012 SC 132,
Pakistan Defence Officers, Housing Authority and others v. Lt. Col. Syed Jawaid Ahmed 2013 SCMR 1707,
Pakistan International Airlines Corporation through Managing Director v. Amna Fraz and others 2022 SCMR 1852,
Ministry of IPC through Secretary and others v. Arbab Altaf Hussain and others 2014 SCMR 1573,
Dr. Tahir Masud v. Amjad Ali Khan and 4 others 2019 PLC (C.S.) 1167
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|