| Case ID |
5c85cb91-65b8-4891-b6fa-1cd7757cbdc7 |
| Body |
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| Case Number |
Writ Petition No. 27-D with C.M. 38-D of 2013 |
| Decision Date |
Jan 24, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the constitutional petition filed by Noor Muhammad, who challenged the validity of his repatriation from the post of Chairman of the Board of Intermediate and Secondary Education, D.I. Khan. The court found that the petitioner did not have a vested right to complete his deputation tenure, as the competent authority had the discretion to repatriate him at any time. The court emphasized that the repatriation was based on administrative grounds and upheld the authority's decision, referencing established legal precedents that support the authority's discretion in such matters. The petitioner's arguments about mala fide and lack of a reasoned order were rejected, and the court concluded that the petition lacked merit. |
| Summary |
In the case of Noor Muhammad vs. Government of Khyber Pakhtunkhwa, the Peshawar High Court addressed the complexities of civil service deputation and repatriation. Noor Muhammad, an Assistant Professor at Gomal University, was repatriated from his position as Chairman of the Board of Intermediate and Secondary Education, D.I. Khan. The court ruled that the competent authority had the right to repatriate him before the completion of his deputation tenure, emphasizing that no legal provision guaranteed the completion of such tenure. This decision is significant in understanding the rights and limitations of civil servants under Pakistan's constitutional framework, particularly in the context of administrative discretion. The judgment reaffirms the principle that while civil servants may seek redress for grievances, the authority's discretion in managing public service appointments is paramount. The ruling has implications for future cases involving civil service appointments and the governance of educational institutions, highlighting the need for integrity and competence in such roles. |
| Court |
Peshawar High Court
|
| Entities Involved |
Gomal University, D.I. Khan,
Board of Intermediate and Secondary Education, D.I. Khan
|
| Judges |
Qaiser Rashid Khan,
Rooh-ul-Amin Khan
|
| Lawyers |
Amjad Ali,
Muhammad Yousaf Khan
|
| Petitioners |
Noor Muhammad
|
| Respondents |
Government of Khyber Pakhtunkhwa through Secretary and 7 others
|
| Citations |
2014 SLD 235 = 2014 PLC 726
|
| Other Citations |
2000 SCMR 656,
2005 PLC (C.S.) 1207,
2003 PLC (C.S.) 243,
1998 PLC (C.S.) 839
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199
|