GUL NABI SYED vs GOVERNMENT OF PAKISTAN through Secretary, Ministry of Energy Power Division, Islamabad S

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GUL NABI SYED VS GOVERNMENT OF PAKISTAN through Secretary, Ministry of Energy Power Division, Islamabad S.186---Public Sector Companies (Corporate Governance) Rules, 2013, R.5(2)---Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015, Sched.-II---State Owned Enterprises (Governance and Operations) Act (VII of 2023), S.18---Stopgap appointment --- Petitioner was appointed as Chief Executive Officer of Peshawar Electric Supply Company as a stopgap arrangement purely on temporary basis, and he challenged the company's order for the appointment of respondent against his post---Validity---Apparently, it seemed that the appointment of the petitioner as well as the respondent had not been made in accordance with law nor could it be expected from such short-term appointees that they could focus on goal setting and long term planning to make the company a profitable organization---In numerous cases, such temporary arrangement exploit the situation and such officers were playing in the hands of political figures in order to prolong their temporary position, instead of focusing on long term planning and policy decisions---In the given circumstances, assigning the responsibility of the post of CEO through such temporary arrangements would never be helpful rather would worsen the situation ----Provisions of "the Act", "the Rules" and "Guidelines" specifically provided the procedure and manner in which the post of CEO of Public Sector Company was to be filled, High Court deprecated such practice of adhocism, and appointments on look after or acting charge basis---Appointment on acting charge basis or stopgap arrangement is usually made pending process of a regular incumbent---Since the appointment of the petitioner in September, 2022, and even after the appointment of respondent as CEO, till date no such process had ever been initiated---Such appointments were, thus, violative of the principle of appointment on stopgap arrangement---Hence, it was directed that the appointment to the office of CEO as provided under "the Act" "the Rules" "the Guidelines" and "Act of 2023", be made within a period of two months positively---In case, the appointment to the said post was not made, the appointment of respondent shall no longer be valid thereafter---Constitutional petition stood disposed of in the above terms. Citation Name: 2025 PLC(CS) 17 PESHAWAR-HIGH-COURTBookmark this Case GUL NABI SYED VS GOVERNMENT OF PAKISTAN through Secretary, Ministry of Energy Power Division, Islamabad S.186---Public Sector Companies (Corporate Governance) Rules, 2013, R.5(2)---Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015, Sched.-II---State-Owned Enterprises (Governance and Operations) Act (VII of 2013), S.18---Constitution of Pakistan, Art.199---Constitutional Petition---Maintainability---Non-statutory rules of service---Petitioner, Chief Executive Officer of Peshawar Electric Supply Company, challenged the company's order for the appointment of respondent against his post---Main objection to the maintainability of this petition was that the respondent-company had got no statutory rules of service governing the terms and conditions of its employees---In the instant case, appointment to the office of CEO PESCO had been questioned---Appointment to such office was governed by statutory instruments and the appointing authority was the Federal Government---Appointment of the petitioner was issued through Notification dated 06-09-2022 after the approval of the Federal Cabinet by the Ministry of Energy Power Division, Government of Pakistan, which was subsequently superseded vide Notification dated 12.01.2023 issued by the same Ministry appointing, respondent as CEO, on stopgap arrangement, purely on temporary basis till further order---At the relevant time, the Companies Act, 2017, read with the Public Sector Companies (Corporate Governance) Rules, 2013, read with Public Sector Companies (Appointment of Chief Executive) Guidelines, 2015 and the State-Owned Enterprises (Governance and Operations) Act, 2023, were governing the terms and conditions and method of appointment to such post---All these rule were framed and notified by the Federal Government---In view thereof, High Court had necessary Jurisdiction to entertain and adjudicate upon the matter in hand. Citation Name: 2025 PLC(CS) 17 PESHAWAR-HIGH-COURTBookmark this Case GUL NABI SYED VS GOVERNMENT OF PAKISTAN through Secretary, Ministry of Energy Power Division, Islamabad If a thing is to be done in a particular manner then it must be done in that manner or not at all.

GUL NABI SYED vs GOVERNMENT OF PAKISTAN through Secretary, Ministry of Energy Power Division, Islamabad S — 2025 PLC(CS) 17 PESHAWAR-HIGH-COURT

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