Prof. Dr. MAHMOOD BAIG (Sitara-i-Imtiaz) vs MINISTRY OF SCIENCE AND TECHNOLOGY through Federal Minister for Mi

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Prof. Dr. MAHMOOD BAIG (Sitara-i-Imtiaz) VS MINISTRY OF SCIENCE AND TECHNOLOGY through Federal Minister for Ministry of Science and Technology Ss. 5 & 6---Constitution of Pakistan, Art. 48---President---Exercise of powers---Persona designata---Advice of Cabinet / Prime Minister---Principle---Show-cause notice---Petitioner was appointed Chairman of Pakistan Science Foundation by President and assailed show-cause notice issued to him initiating disciplinary proceedings during which he was sent on forced leave---Validity---When President exercises functions conferred upon him by way of statute and not Constitutional functions, he acts as a persona designata and therefore is not bound to take advice from Cabinet or Prime Minister pursuant to Art. 48(1) of the Constitution---Any appointment would be in violation of the legislative intent if it is made by the President on the advice of Prime Minister pursuant to MP Policy under the garb of Art. 48(1) of the Constitution despite the fact that it is the President who is vested with the power of appointment by statute---Concerned authority in disciplinary matters was to exercise adjudicatory and quasi-judicial powers---President was not obligated to act on the advice of Cabinet or Prime Minister under Art. 48(1) of the Constitution in respect of disciplinary proceedings carried out against persons appointed by President under Pakistan Science Foundation Act, 1973---President could not even act on the recommendation of any other person or authority in respect of disciplinary proceedings---Power to remove petitioner / Chairman of respondent / Foundation could not be delegated by the President without the power to delegate conferred upon him by Pakistan Science Foundation Act, 1973---MP Policy was not sustainable under Pakistan Science Foundation Act, 1973 to the extent that it entailed delegation of President's quasi-judicial powers and was also not justifiable under Art. 48(1) of the Constitution---President was not obligated to act on the advice of Cabinet or Prime Minister in exercise of quasi-judicial powers conferred by statute or to even act on recommendation of any other authority or person with regard thereto---MP Policy to the extent that it empowered Secretary to initiate and conduct disciplinary proceedings (which were quasi-judicial in nature) against petitioner were not justified under Art. 48(1) of the Constitution---High Court set aside show-cause notice issued to petitioner as the same was without jurisdiction and void ab initio---Constitutional petition was allowed accordingly.

Prof. Dr. MAHMOOD BAIG (Sitara-i-Imtiaz) vs MINISTRY OF SCIENCE AND TECHNOLOGY through Federal Minister for Ministry of Science and Technology Ss — 2024 PLC(CS) 1451 ISLAMABAD

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