Appointments
Punjab Criminal Prosecution Service
(Constitution, Functions & Powers) Act (III of 2006)
Regln. 39---Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act (III of 2006), S. 8---Constitution of Pakistan, Art.199--- Examination held in year, 2008, was the first examination held by the Commission under the provisions of Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006---Examination in question had exposed certain defects, which were corrected through experience and implemented in subsequent examinations---High Court observed that it would be fair and just that first examination held in year, 2008, be treated as an aberration and an exception and not as an opportunity/chance availed by petitioners for the purposes of Regln.39 of Punjab Public Service Commission Regulations, 2000---Petition allowed accordingly. 2012 PLD 213 LAHORE-HIGH-COURT-LAHORE
S. 8(3)---Punjab Criminal Prosecution Service (Conditions of Service) Rules, 2007---Constitution of Pakistan Art.199---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court appeal---Ad hoc/temporary Deputy Prosecutors General (DPG) and Additional Prosecutors General …………Petitioners had occupied such posts for more than one year without recommendations of Public Service Commission and against terms and conditions of their appointment orders---Government action in making appointment to public office must reflect transparency and fairness---Absence of eligible persons to occupy posts reserved to be filled through promotion would not mean that ineligible persons should be made to retain the same-- -Court of law could not sanction such a course of action---Intra-court appeals were dismissed in circumstances. 2012 PLC(CS) 632 LAHORE-HIGH-COURT-LAHORE
Ss. 8(4) & 15---Constitution of Pakistan, Art.199---Constitutional petition---Appointment on contract basis---Dispensing with and termination of services---Petitioners were appointed as Additional Prosecutor General and Deputy Prosecutor-General in BS-19 & BS-18 on contract basis for a period of 3 years ---Appointments, if any to be effected, otherwise than by initial recruitment had no nexus to the rights of the petitioners, nor was of any legal consequence to the lis---Impugned notification which appeared to have been issued in compliance with the directions of Supreme Court, no exception could be taken thereto---Petitions were dismissed. 2011 PLC(CS) 1412 LAHORE-HIGH-COURT-LAHORE Ch.AMJAD HUSSAIN
S.8(4)---Constitution of Pakistan (1973), Art. 185(3)---Direct recruitment---Parties had contended that petitions for leave to appeal be disposed of in the terms that the Government of the Punjab through Prosecutor General be directed to manage examination of all the prosecutors presently functioning in the Province in terms of subsection (4) of S.8 of the Punjab Criminal Prosecution Service (Constitution, Functions and powers) Act, 2006, in two phases that there should not be any discrimination between the candidates, either belonging to the first batch or the second batch and they should be treated at par before the Punjab Public Service Commission that said arrangement had been made without prejudice to the impugned judgment which would remain intact with its full force as a result whereof the Prosecution Branch was not alleged to entrust work to the petitioners during the stipulated period---
Said arrangement between the parties was accepted and petition was disposed of accordingly by the Supreme Court. 2010 SCMR 1587 SUPREME-COURT : NAEEM TARIQ SANGHERA
S. 8(3)(4)---Punjab Criminal Prosecution Service (Conditions of Service) Rules, 2007, Rr.2(d), 4 & 5(1)---
Contract Appointment Policy, 2004 (Punjab)---Constitution of Pakistan (1973), Art. 185(3)---Contract appointments---Protection of law--- ---Person who failed in interview for contractual appointment could not lay valid claim to be recruited against post in question on regular basis---Supreme Court directed that petitioners whose cases were not competently scrutinized/examined they would appear before Recruitment Committee for validation of their temporary/contract appointment subject to language employed in appointment letter---If petitioners opted to appear before Recruitment Committee, which would be constituted to review temporary short term arrangements as per their contract appointment letters, the Committee would dispose of their cases expeditiously---Supreme Court further directed that term of temporary/contract appointment would not exceed a period of one year---If petitioners or others who had appeared in interview before Recruitment Committee, or anyone else who wanted induction in terms of Supreme Court's earlier order dated, 8-1-2010, those petitioners would be at liberty to appear in examination to be conducted by Punjab Public Service Commission for regular appointment---Supreme Court directed Prosecution Department to send requisitions to Punjab Public Service Commission for advertisement of the posts for initial recruitment in accordance with law and rules--Petition was disposed of accordingly. 2010 PLD 841 SUPREME-COURT : ABID IQBAL HAFIZ
S.8(3)(4)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Dispensing with services of District Public Prosecutors etc.---Allegation of political victimization etc. by present Provincial Government---In the present case Selection Committee was constituted (prior to the present government) pursuant to the order, dated 11-12-2006 passed in Writ Petition 8456 of 2006;
……………….Held, impugned action (dispensing with services) was neither the result of any mala fide, political victimization, dishonesty of purpose on behalf of the present Government (of the Province of Punjab) nor it was tainted with any ulterior motive/object to illegally displace the functionaries (petitioners) and/or to appointment at their place their persons---Such allegations were nothing except rhetoric, loud, bald, baseless and unsubstantiated. 2010 PLC(CS) 1 LAHORE-HIGH-COURT-LAHORE :
MUHAMMAD SALEEM
S. 8(4)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Advertisement for appointment on contract basis in Criminal Prosecution Service of Government of Punjab---Three years contract service period offered in the impugned advertisement suggests that the process of regular appointment in the service is not anticipated to be completed in such a length of time---Such proposal, prima facie, detracts from the statutory mandate of the Punjab Criminal Prosecution Service (Constitution, Function and Powers) Act, 2006 which must be carried out in all earnest and with expedition---Statutory mode of appointment through an institutionlised process provides merit based transparency---Any different process of recruitment and appointment to posts in the service, howsoever sound and fair, cannot be at par with such process; firstly, because it deviates .from the statutory mandate and secondly, because it shall be ad hoc and, therefore, open to dispute--Principles. 2009
PLC(CS) 763 LAHORE-HIGH-COURT-LAHORE MUSHTAQ AHMED MOHAL
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