FEDERAL PUBLIC SERVICE COMMISSION through its Secretary, Islamabad vs KASHIF MUSTAFA art

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FEDERAL PUBLIC SERVICE COMMISSION through its Secretary, Islamabad VS KASHIF MUSTAFA art.188---Law Reforms Ordinance (XII of 1972), S.3(2)---Supreme Court Rules, 1980, O. XXVIII, R.3---Review petition before the Supreme Court---Filing of frivolous petitions by public functionaries in order to insulate themselves, practice of---Supreme Court deprecated such practice by imposing costs---Review petition before the Supreme Court was barred by 204 days and sufficient cause was disclosed for condonation of delay---Nevertheless, the judgment of the High Court challenged in earlier round before the Supreme Court merely held that Intra-Court appeal filed by the petitioner-institution before the High Court was not maintainable in terms of section 3(2) of the Law Reforms Ordinance, 1972 as an appeal was provided under the Federal Public Service Commission Ordinance, 1977 against the original order---This conclusion was upheld by Supreme Court through the impugned order under review---Supreme Court noted with grave concern that present petition, filed by a statutory institution, was not only legally untenable and devoid of merit, but also reflective of a deeper, disturbing culture of risk-averse governance---The conduct of public officers of resorting to filing petitions before the highest court of the land merely in order to insulate themselves from accountability was deprecated in the strongest terms---Courts are not to be approached mechanically or defensively, especially by those entrusted with public functions and legal stewardship---To mark Supreme Court's disapproval and to deter the continuation of irresponsible and obstructive practices by public bodies, exemplary cost of Rs.100,000/-was imposed on the petitioner-institution under Order XXVIII, Rule 3 of Supreme Court Rules, 1980 as the review petition was not only vexatious, frivolous and squandered valuable time of the court but was also reflective of institutional abdication and poor governance---Petition was dismissed, in circumstances.

FEDERAL PUBLIC SERVICE COMMISSION through its Secretary, Islamabad vs KASHIF MUSTAFA art — 2025 PLD 713 SUPREME-COURT

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