Dr. CHAKAR RIAZ vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss

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Dr. CHAKAR RIAZ VS GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss. 4, 9 & 11---Constitution of Pakistan, Art. 199---Appointment of Chief Executive Officer (CEO) of the Pak-Oman Hospital Pasni---Writ of quo warranto, issuance of---Scope---Petitioner, who was the Chief Executive Officer (CEO) of the Pak-Oman Hospital Pasni ('Hospital'), sought to declare his transfer and appointment of respondent as new CEO, as illegal and void---Validity---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---It will, thus, be seen that 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---Transfer/postings of both the petitioner and respondent on the recommendation of the Chief Minister by the Secretary Health Department, who were not members of the board constituted under S. 9 of the Act 2021, were illegal and without jurisdiction---It is a popular principle of law that when a statute/law describes or requires a thing to be done in a particular manner, it should be done in that manner or not at all---Both the petitioner and respondent were not appointed as CEO of the hospital according to law and neither could claim their right as a matter of right---Such right can only be claimed when a decision is taken in accordance with the law---A wrong concession in favour of one person does not entitle any other person to claim the benefit of a wrong decision---Since both the transfer/posting of petitioner and respondent had been made in violation of the statutory enactment without jurisdiction, therefore, High Court directed the Board of Governors to make the appointment of a person as the CEO of the hospital under the provisions of the Pak-Oman Hospital Pasni Act, 2021---Constitutional petition was disposed of accordingly.

Dr. CHAKAR RIAZ vs GOVERNMENT OF BALOCHISTAN through Chief Secretary Civil Secretarait, Quetta Ss — 2025 PLC(CS) 235 QUETTA-HIGH-COURT-BALOCHISTAN

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