| Case ID |
39fefe44-4737-4a0c-8537-9546d3ef5768 |
| Body |
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| Case Number |
Civil Appeal No. 77 of 1984 |
| Decision Date |
Mar 22, 1986 |
| Hearing Date |
Mar 22, 1986 |
| Decision |
The Supreme Court of Pakistan allowed the appeal of the Secretary to the Government of Punjab, Excise and Taxation Department. The court determined that the Punjab Service Tribunal erred in ruling that the appointment of S. Safdar Hussain as Excise and Taxation Officer was valid and not an ad hoc appointment. The Court held that the appointment was made in relaxation of the applicable rules and thus fell within the definition of an ad hoc appointment under Martial Law Instruction No. 21. The Tribunal's judgment was set aside, and the appeal was dismissed, affirming the revocation of the respondent's appointment. |
| Summary |
In the case of Civil Appeal No. 77 of 1984, the Supreme Court of Pakistan addressed the legality of the appointment of S. Safdar Hussain as an Excise and Taxation Officer. The court examined whether the Punjab Service Tribunal had correctly determined that the appointment was not an ad hoc one, which would have required adherence to the procedures outlined in Martial Law Instruction No. 21. The Tribunal had accepted the appeal of the respondent, asserting that the appointment made by the Governor was competent and could not be revoked by a subordinate, the Secretary of the Excise and Taxation Department. However, the Supreme Court found that the appointment indeed constituted an ad hoc appointment as defined under the Martial Law Instruction. This decision underscores the importance of adhering to established recruitment protocols and the implications of ad hoc appointments within the civil service framework. The ruling reaffirmed that actions taken under Martial Law Instruction No. 21 are not open to question when properly executed by authorities. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM, C.J.,
SHAFIUR RAHMAN,
MIAN BURHANUDDIN KHAN, JJ
|
| Lawyers |
M. Nawaz Abbasi, Assistant Advocate-General instructed by Rao M. Yousaf Khan, Advocate-on-Record (absent) for Appellant.,
Kh. M. Farooq, Advocate Supreme Court and Rana M.A. Qadri, Advocate-on-Record (absent) for Respondent.
|
| Petitioners |
THE SECRETARY TO THE GOVERNMENT OF THE PUNJAB EXCISE AND TAXATION DEPARTMENT
|
| Respondents |
S. SAFDAR HUSSAIN
|
| Citations |
1986 SLD 782,
1986 SCMR 1213
|
| Other Citations |
Shakeel Faiyaz v. Province of Sind 1981 P L C (C . S .) 90,
Allah Bakhsh Baluch and others v. Province of Sind and 3 others 1981 PLC (C.S.) 92,
Muhammad Shabbir v. Province of Sind and 3 others 1981 P L C (C.S.) 566,
The Province of Punjab and others v. Muhammad Akram Shah PLD 1984 S C 409
|
| Laws Involved |
Constitution of Pakistan (1973),
Punjab Civil Servants Act (VIII of 1974)
|
| Sections |
Art. 212(3),
S. 22
|