Citation Name: 2023 PLC(CS) 1561 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ASLAM vs GOVERNMENT OF KHYBER

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Citation Name: 2023 PLC(CS) 1561 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ASLAM VS GOVERNMENT OF KHYBER PAKHTUNKHWA Ss. 2(aa) & 3---Constitution of Pakistan , Art. 199---Public office, holding of---Regularization of services---Objection to---Constitutional jurisdiction of the High Court---Scope---Ulterior motives /mala fide of the person filing constitutional petition---Contention of the petitioner was that the respondent was illegally appointed / regularized as Assistant Labour Officer in wake of his previous record of services---Validity---Record revealed that the case of regularization was though initially refused by the authority, nevertheless respondent again moved his case for re-consideration under provisions of the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 ('the Act 2009'), which was forwarded to Establishment Department who clarified that the case of the respondent fell within the ambit of Ss. 3 & 2(aa) of the Act, 2009, accordingly, his services were later regularized---No illegality or misuse of the authority or jurisdiction in the regularized order was found---Disciplinary proceedings initiated by the former employer (University) against the respondent were commenced after his relieving from the University and thereby his lien was terminated, which did not cast any bar upon the respondent to hold public office---Besides, impact of letter issued by the Establishment Department or other factors , which might be relevant for issuance of writ of mandamus, could not be considered in the present constitutional petition---High Court in exercise of its constitutional jurisdiction in a matter of present nature is required to determine at the outset as to whether a case has been made out for issuance of a writ of certiorari or a writ of quo warranto or it is motivated by mala fide to gain some undue advantage as a proxy and driving force for others---Record also revealed that, prior to the present constitutional petition, two other constitutional petitions of the same nature and facts having almost same prayer were filed before the High Court but were later-on withdrawn---Petitioner did not seem to have come to the Court with clean hands particularly when he belonged to other Province while the matter pertained to Province of Khyber Pakhtunkhwa and his all present claims were a recap of the earlier filed constitutional petitions---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 PLC(CS) 1561 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ASLAM VS GOVERNMENT OF KHYBER PAKHTUNKHWA art. 199---Quo warranto, writ of---Procedure and proceedings---Scope---Procedure of quo warranto gives the judiciary a weapon to control the Executive from making appointments to public office against the law and to protect a citizen from being deprived of public office to which he has a right---These proceedings also tend to protect the public from usurpers of public office, who may be allowed to continue either with the connivance of the Executive or by reason of its apathy---Before a person can effectively claim a writ of quo warranto, he has to satisfy the Court that the office in question is a public office and is held by a usurper without legal authority, and that inevitably would lead to the enquiry as to whether the appointment of the alleged usurper has been made in accordance with law or not.

Citation Name: 2023 PLC(CS) 1561 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ASLAM vs GOVERNMENT OF KHYBER PAKHTUNKHWA Ss — 2023 PLC(CS) 1561 PESHAWAR-HIGH-COURT

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