BABAR SULTAN vs GOVERNMENT OF THE PUNJAB Recruitment Policy, 2011, Cl — 2025 PLC(CS) 693 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLC(CS) 693 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLC
Parties: BABAR SULTAN vs GOVERNMENT OF THE PUNJAB Recruitment Policy, 2011, Cl
Subject matter: Criminal
Provisions referred to: Accountability Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BABAR SULTAN VS GOVERNMENT OF THE PUNJAB Recruitment Policy, 2011, Cl. ix---Recruitment process---Selection of four candidates---Petitioner/candidates standing next in the merit list---Termination of service of one of the selected candidates after joining the post---Petitioner claimed his appointment against the vacant post being next in the merit list---Validity---As per Clause-ix of Recruitment Policy, 2011 (Policy) the next candidate on merit list shall only be given offer, if the selectee either does not join training or fails to join the post within fifteen days, or where a written refusal is received from the selectee, or in case a person joins and leaves the same within a period of 190 days---There was no provision that once a person was appointed and joined service, but was subsequently removed from service under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, the candidate next on the merit list should be selected---Interpretation of Clause-ix of the Policy was not only explicit but also logical because when a person did not leave voluntarily after joining but was dismissed from service, there was stigma attached to the said dismissal---Such removal from service order was subject to challenge and the next candidate on merit list could not be appointed unless and until the decision of dismissal attained finality from all relevant forums, however, the position was altogether different and next candidate could be appointed without objection from third party, in case the candidate did not join or left voluntarily after joining---Constitutional petition was dismissed, in circumstances.

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