GUL DARAZ KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2021 PLC(CS)N 23 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLC(CS)N 23 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLC
Parties: GUL DARAZ KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Service
Provisions referred to: S. 3; Khyber Pakhtunkhwa Service Tribunals Act

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

GUL DARAZ KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.3(3), [as amended by Khyber Pakhtunkhwa Service Tribunals (Amendment) Act (XXII of 2013), Ss.3-B & 4 and Khyber Pakhtunkhwa Service Tribunals (Amendment) Act (XL of 2014)], S.3(3)(b)---Constitution of Pakistan, Art.2(A)---Appointment of executive members amongst civil servants in the Khyber Pakhtunkhwa Service Tribunal---Separation of judiciary from executive---Independence of judiciary---Scope---Contention of petitioner was that appointment of executive members in Khyber Pakhtunkhwa Service was interference of executive in the independence of judiciary---Validity---Section 3(3) of Khyber Pakhtunkhwa Service Tribunals Act, 1974 was ultra vires to the Constitution---Necessary amendments in Khyber Pakhtunkhwa Service Tribunals Act, 1974 had been made---Article 2(A) of the Constitution could not be used to strike down the statute---Constitutional petition had no substance which was dismissed, in circumstances.

Other judgments reported in 2021 PLC

2021 PLC(CS)N 17 PESHAWAR-HIGH-COURTAZMAT ULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Forestry, Environment and Wildlife, Peshawar R.10---appointment by initial…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regularization of services---C…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regularization of service---Le…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar Regln.11(5)(c)---Temporary app…
2021 PLC(CS)N 6 PESHAWAR-HIGH-COURTSANAULLAH VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Higher Education, Civil Secretariat, Peshawar appointment---Scope---Where pr…
2021 PLC(CS)N 28 SINDH-SUBORDINATE-JUDICIARY-SERVICE-TRIBUNALALI SHAN GHORI VS HONOURABLE CHIEF JUSTICE OF SINDH HIGH COURT, KARACHI R.4(1)(b)(iv)---allegation of corruption and misconduct against empl…

Back to the case-law library · Search Pakistani case law in Urdu or English