QAISAR KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Reglns — 2021 PLC(CS) 738 SUPREME-COURT

Case information

Citation: 2021 PLC(CS) 738 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PLC
Parties: QAISAR KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Reglns

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

QAISAR KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA Reglns. 20(c) & 20(g)---Domicile certificate---Renunciation of domicile by implication---Scope---Respondent got employment as Lecturer on the domicile of "Tribal area" but subsequently, he applied for the post of Sub-Inspector Legal in the settled area claiming himself to be the holder of domicile of "Mardan"---Held, that respondent had obtained employment as Sub-Inspector Legal by producing domicile of Mardan and apparently, when such domicile was produced it stood final---Clause (g) of Regln. No. 20 of Khyber Pakhtunkhwa Public Service Commission Regulations, 2003 made provision for renouncement of domicile of settled District for obtaining of category 'B' domicile of Tribal area---No such requirement apparently was mentioned in the Regulations for obtaining of domicile of settled area like 'Mardan'---In any case, once respondent had produced the domicile of Mardan, its implication was that he had renounced the domicile of Tribal area and no more remained the resident of the said Agency---Appellant had never argued that respondent had obtained domicile certificate from 'Mardan' through malpractice or some mis-declaration, nor any material to such effect was available on the record---Appeal was dismissed.

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