FARHAN KHAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Division, Islamabad S

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FARHAN KHAN VS FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Division, Islamabad S.17---Office of Federal Ombudsman for Protection Against Harassment of Women at the Workplace (Employees' Service) Rules, 2014, Sched., Table-III, Clause II---Constitution of Pakistan, Art.199---Constitutional petition---Quo warranto, writ of---Scope---Conduct of petitioner---Concealing of facts---Petitioner assailed selection of respondents on the posts in question on the plea that the same were illegal and made against the Office of Federal Ombudsman for Protection Against Harassment of Women at the Workplace (Employees' Service) Rules, 2014---Validity---Writ of quo warranto is not to be issued as a matter of course---It is in the discretion of Court to refuse or grant it according to facts and circumstances of the case---Foremost obligation of Court while hearing a quo warranto petition is to inquire into the conduct and motive of the relater and may, in its discretion, decline to issue a writ where it would be vexatious to allow the same---Court must be satisfied that petitioner is a bona fide and not motivated by any malice against the person whose appointment is under challenge---Writ of quo warranto should be refused where it is an outcome of malice and mala fide---Court has to see whether attack in the guise of public interest is really intended to unleash a private vendetta, personal grouse or some other mala fide object---At the first instance it has to be determined whether conduct of petitioner went to such an extent that High Court should, in view of such conduct consider him to be worthy of being entrusted with a writ in the form of quo warranto---Petitioner after his non-selection by authorities filed successive petitions, and concealed facts regarding filing of earlier petitions and dismissal of one of them---Petitioner also challenged appointments of some of the respondents in earlier petition and did not realize that the order of dismissal of earlier petition had attained finality---Petitioner relied upon unauthentic documents to question appointments of respondents---Conduct of petitioner held him disentitled for the relief sought and instead deserved imposition of cost as he had filed successive petitions---High Court declined to interfere in appointments of respondents and imposed costs upon the petitioner---Constitutional petition was dismissed in circumstances.

FARHAN KHAN vs FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Division, Islamabad S — 2025 PLD 382 ISLAMABAD

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