EIJAZ ALI vs PROVINCE OF SINDH R — 2024 PLC(CS) 1402 KARACHI-HIGH-COURT-SINDH

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EIJAZ ALI VS PROVINCE OF SINDH R.8-a(5)---Constitution of Pakistan, art.199(1)(b)(ii)---Writ of quo warranto---Scope---Question of "Fitness", determination of---Transfer/posting of a junior officer in presence of senior officers firstly on his "Own Pay and Scale" (OPS) and then permanently against promotion post of Inspector General of Prison---Effect---Contention of the respondent was that petitioner was not an aggrieved person and had no locus standi to file the constitutional petition and post in question was to be filled on merits instead of "seniority-cum-fitness" basis---Validity---Selection Post could be filled on merit and the officer fit in all respects could be appointed as IG Prison Sindh, and in such circumstances, the Sindh Service Tribunal had no jurisdiction over the question of determination of "fitness" of a civil servant, however, the question of "eligibility" was different from the question of "fitness" which was not subject matter of this case---any person can lay information to the court regarding a public office being illegally occupied---Person laying such information shall not necessarily be aggrieved---There is much difference between the Writ of Quo Warranto and Mandamus---Mandamus also differs from writs of prohibition or certiorari in its demand for some activity on the part of the body or person to whom it is addressed for the performance of public duty and commands the person to whom it is addressed to perform some public or quasi-public legal duty, which he has refused to perform, and the performance of which cannot be enforced by any other adequate legal remedy---Party should be an aggrieved party having no other adequate and efficacious remedy---article 199(1)(b)(ii) of the Constitution shows that a person performing duties in connection with affairs of the Province can be required to show under what authority he is holding a particular public office and for that purpose, the petitioner therein may not be required to be an aggrieved person---Constitution petition was allowed accordingly.

EIJAZ ALI vs PROVINCE OF SINDH R — 2024 PLC(CS) 1402 KARACHI-HIGH-COURT-SINDH

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