SAFDAR KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Rr — 2024 PLC(CS) 1197 PESHAWAR-HIGH-COURT

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SAFDAR KHAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA Rr.10(2) & 10(4)---Civil service---Illegal and irregular appointments of favourites on the intervention of political figures---Legislative constraints on public representatives to interfere in the executive or administrative domain---Scope---Contentions of the petitioner was that appointments were made in a non-transparent manner in violation of Rr.10(2) & (4) of the Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989 as the posts of Class-IV were not advertised and by ignoring that private respondents were not registered with Employment and Exchange Commission---Validity---Appointments to the public posts were not made in a transparent manner---Such practice had eroded the public confidence on the selection process and it had become a general perception that appointments in the departments were not made on merit but either on the direction of the political figures or some influential in the department---No law had given authority to public representatives to interfere into the executive and administrative domain even to the extent of recommendation and proposal, and the appointments so made were classic examples of such interference---Superior courts of the country has time and again stressed upon the Executives not to accept any kind of pressure in the matter of appointments and postings and to go by the book what come may, however, either the respondent authorities were adamant enough not to follow the law or they were so insecure that they always succumbed to extraneous interference---Inquiry report pointed out illegality and irregularity in the process of appointments, therefore, the matter was referred to the Special Secretary, Health Department, to form a committee and after giving personal hearing to each of the appointee, decide their fate in light of their inquiry after hearing all the officers involved in the appointments, and after fixing responsibility their case shall be forwarded for initiation of departmental proceedings against them---Constitution petition was disposed of accordingly.

SAFDAR KHAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA Rr — 2024 PLC(CS) 1197 PESHAWAR-HIGH-COURT

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