FAYYAZ HUSSAIN vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad S

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FAYYAZ HUSSAIN VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad S. 4(2)---absorption of deputationist---Constable in Provincial Traffic Police ('the petitioner') sent to Federal Investigation agency ('FIa') on deputation and ultimately absorbed as employee of FIa---Legality---Internal inquiry into absorption of petitioner into FIa recorded findings against the petitioner to the effect that he had been absorbed in violation of Standing Order No.21/84 as well as in violation of FIa Personnel Policy framed in exercise of powers under S. 4(2) of Federal Investigation agency act, 1974---Service history of petitioner showed that he was initially employed as a Constable/Computer Operator in the Provincial Traffic Police; he manipulated his successive promotions in a short span of time; he managed his promotions firstly as Head Constable, thereafter as aSI on officiating basis and subsequently as Sub-Inspector/Computer Operator---all such promotions happened within a span of few months which was not only unprecedented but quite surprising considering the mode and manner in which promotions were required to be given in terms of the rules and regulations of the department---Further, on transfer to FIa on deputation basis, the petitioner managed his permanent absorption within a period of one year and 28 days, which was a classical example of clever manipulation of the system through devious means and influence mongering---Considering the conduct and the manner in which the petitioner had quite cleverly manipulated the system for his personal benefits in violation of all applicable regulations, rules and laws, no discretionary and equitable relief could be granted to him---Petitioner's case was also squarely covered by the ratio of the judgment of the Supreme Court in Contempt Proceedings against Chief Secretary, Sindh and others (2013 SCMR 1752)---Petition for leave to appeal was dismissed and leave was refused.

FAYYAZ HUSSAIN vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad S — 2021 PLC(CS) 163 SUPREME-COURT

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