Sardar MUHAMMAD RAMZAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S — 2022 PLC(CS) 1585 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 1585 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: Sardar MUHAMMAD RAMZAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S
Subject matter: Constitutional
Provisions referred to: S. 10; Khyber Pakhtunkhwa Galiyat Development Authority Act; Khyber Pakhtunkhwa Development Authority 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

Sardar MUHAMMAD RAMZAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar S.10 [as amended by Khyber Pakhtunkhwa Galiyat Development Authority (Amendment) Act, 2020)]---Constitution of Pakistan, Art. 199 (1)(b)(ii)---Quo warranto, writ of---Locus standi---Director General, Galiyat appointment of---Petitioner assailed appointment of respondent as Director General of Galiyat Development Authority---Validity---Any person and not necessarily an aggrieved person, can seek redressal from High Court against usurpation of a public office by a person who is holding it "without lawful authority" on that account---On such account it could not be doubted that petitioner did not have any locus standi to file petition---Respondent was serving as an officer in BPS-18 in Pakistan Railways and was posted as Director (Admn) Galiyat Development Authority in his own pay scale on deputation basis---Respondent was also given additional charge of the post of Director General Galiyat Development Authority, till further orders---Subsequently he was appointed as Director General in exercise of powers under S.10 of Khyber Pakhtunkhwa Galiyat Development Authority Act, 2016---High Court declared that appointment of respondent was made in violation of S.10 of Khyber Pakhtunkhwa Development Authority Act, 2016, in excess of authority and the same was declared illegal, without lawful authority and of no legal effect---Constitutional petition was allowed accordingly. Head Notes

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