Raja MUHAMMAD ZUBAIR vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2022 PLD 100 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLD 100 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLD
Parties: Raja MUHAMMAD ZUBAIR vs GOVERNMENT OF KHYBER PAKHTUNKHWA S
Subject matter: Service
Provisions referred to: S. 230---C; S. 230; Elections 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

Raja MUHAMMAD ZUBAIR VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.230---Care-taker Government, functions/ powers of---Scope---Provincial Law Officers---Removal from service by Provincial Caretaker Government---Legality---Caretaker Government of the Province removed the petitioners from their services (as law officers) vide notifications without any notice, and appointed the respondents on such vacancies on the same date---Question in the present case was whether S.230 of Elections Act, 2017, gave unfettered powers to Caretaker Government for removing/terminating a permanent/contractual employee---Held, that Caretaker Government would enjoy limited powers of administrative continuity within available resources while preventing any major decision from being taken---Petitioners were removed from their seats without assigning any reason and appointed respondents on same date while two of the Additional Advocate Generals were retained---Emergency/short-term appointments had to be made as to temporarily fill vacancies when department had an emergency and such vacancies were not expected to be filled immediately in prescribed manner---Caretaker Government was not vested with power of removal/dismissal/termination/reduction in rank---Removing the petitioners from their respective offices was mala fide exercise of powers and was contrary to the mandate of the statute---High Court allowed the Constitutional petition declaring impugned Notifications void ab-initio and non est in eye of law. Head Notes

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