| Case ID |
39792d61-9b9e-43a2-9d10-029bac3c3702 |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeals Nos. 228, 317, 319 to 322, 324 and 3 |
| Decision Date |
Apr 04, 1993 |
| Hearing Date |
Feb 10, 1993 |
| Decision |
The Supreme Court of Pakistan addressed several key issues regarding the legality of appointments made by public representatives in government services. The court ruled that appointments made without due process, including proper advertisement and adherence to legal requirements, are invalid. The practice of appointing individuals based on land grants or recommendations from Members of the Provincial Assembly was deemed unconstitutional. The court restored the appointment of Munawar Khan, emphasizing the need for adherence to lawful appointment procedures and the importance of public interest in government employment. |
| Summary |
This case revolves around the legality of various civil service appointments made in the North-West Frontier Province, Pakistan. The Supreme Court of Pakistan scrutinized the actions of public representatives in appointing individuals to government positions, particularly focusing on appointments made without proper advertisement or due process. The court found that many appointments were influenced by political recommendations rather than merit, violating constitutional provisions. The ruling emphasized the necessity for transparency in government appointments to uphold public interest and prevent misuse of authority. The case highlights significant issues related to civil service laws, constitutional rights, and the ethical responsibilities of public officials in making appointments. The court's decision serves as a precedent for enforcing lawful procedures in public sector recruitment, underscoring the importance of meritocracy in government employment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY,
SALEEM AKHTAR,
SAIDUZZAMAN SIDDIQUE,
WALI MUHAMMAD KHAN
|
| Lawyers |
Mian Shakirullah Jan,
Muhammad Zaman Qureshi,
K.G. Sabir,
Haji Bashir Ahmed,
M. Sardar Khan,
MA. Qayyum Mazhar,
Qazi M. Anwar,
Abdul Hamid Qureshi,
S. Hamaduddin G. Khan,
Aziz A. Munshi
|
| Petitioners |
HAQ NAWAZ,
MUNAWAR KHAN,
INAYATULLAH KHAN,
MOMIN KHAN,
MUHAMMAD SAID,
AIN KHAN,
REHAN DIN,
SAID RASUL,
SALIM BACHA,
BADSHAH KHAN
|
| Respondents |
MUHAMMAD YASIN,
NIAZ MUHAMMAD,
THE SUB-DIVISIONAL EDUCATION OFFICER (FEMALE) LAKKI MARWAT,
THE S.D.E.O. (FEMALES), LAM SWAT,
THE S.D.E.O. (FEMALES), LAS MARWAT,
THE S.D.E.O. (FEMALES), LAM MARWAT,
THE SUB-DIVISIONAL EDUCATION OFFICER (MALE) LAKKI MARWAT,
KHANZADA
|
| Citations |
1993 SLD 1512 = 1993 PLC 797
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 212(3),
Art. 27
|