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CHIEF EXECUTIVE OFFICER, MULTAN ELECTRIC POWER COMPANY LTD, KHANEWAL ROAD, MULTAN vs MUHAMMAD ILYAS appointment against vacancy — 2021 SCMR 775 SUPREME-COURT

Case information

Citation
2021 SCMR 775 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
CHIEF EXECUTIVE OFFICER, MULTAN ELECTRIC POWER COMPANY LTD, KHANEWAL ROAD, MULTAN vs MUHAMMAD ILYAS appointment against vacancy
Subject matter
Constitutional

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

CHIEF EXECUTIVE OFFICER, MULTAN ELECTRIC POWER COMPANY LTD, KHANEWAL ROAD, MULTAN VS MUHAMMAD ILYAS appointment against vacancy---Directions for appointment issued by the High Court not complied with by the petitioner-company---Whether contempt of court---Judicial overreach---Scope---In the present case the entire recruitment process for the posts in question was cancelled---as a result not a single appointment was made to the said posts as per the public advertisement on the basis of which respondent-candidate had applied---Since the entire recruitment process for the posts was scrapped, respondent could not lay any claim to the said post---Consequently the contempt proceedings initiated (by the High Court) on the basis of order to issue appointment letter to the respondent also came to an end---Petitions for leave to appeal were converted into appeals and allowed, and the constitutional petition filed by the respondent before the High Court was dismissed with the observations that the (High Court) Judge in the present case, instead of deciding the case on merits, passed the final order of appointment of respondent without adjudicating the issue in hand and then executed the order by directing the petitioner-company that the appointment letter be issued by the next date of hearing; that by assuming the role of the Executive the judge disregarded his core function of adjudication, in accordance with law; that ignoring the constitutional boundaries of separation of powers could easily equip a judge with a false sense of power and authority, and that this was a dangerous tendency and must be guarded against to ensure that the judicial role continued to remain within its constitutional limits.

Other judgments reported in 2021 SCMR

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