RABEEYA PERVEZ vs USMAN ZAFAR Ss — 2026 PLC(CS) 205 ISLAMABAD

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RABEEYA PERVEZ VS USMAN ZAFAR Ss. 3, 4 & 5---Constitution of Pakistan, Art. 199 (5)---Quo warranto, writ of---Term 'person'---Non-statutory post---Appellant was appointed as Assistant Director (Human Resource) with Pakistan Telecommunication Authority on contract basis---Judge in Chambers of High Court declared appointment of appellant as illegal---Validity---Pakistan Telecommunication Authority falls within the ambit of 'person' as defined in Art.199 (5) of the Constitution, as it exercises a rule over functions of Pakistan Telecommunication Company Limited relating to telecommunication pursuant to Ss. 4 and 5 of Pakistan Telecommunication (Re-Organization) Act, 1996 which is a subject that pertains to one of the important affairs of Federation, while headed by Chairman who along with its constituting Directors is appointed by Federal Government under S.3 of Pakistan Telecommunication (Re-Organization) Act, 1996---Appellant as Assistant Director (HR) or Deputy Director (HR) was not vested with some portion of sovereign function of government to be exercised by her for the benefit of public---Work undertaken by human resource management officers did not have any nexus with sovereign functions of State nor could it be considered a public duty---Pakistan Telecommunication Authority, under S.9 of Pakistan Telecommunication (Re-Organization) Act, 1996 may by general or special order delegate any of its powers, functions or duties as it may think fit from time to time to any of its officers with the exception of specific powers, functions or duties as stipulated in proviso to S.9 of Pakistan Telecommunication (Re-Organization) Act, 1996---No sovereign function, power or duty was delegated to appellant by Pakistan Telecommunication Authority, in exercise of powers conferred under S.9 of Pakistan Telecommunication (Re-Organization) Act, 1996---Post of Assistant Director (HR) to which appellant was initially appointed was not a 'public office' created by statute nor could it be described as a substantive one which was vested with some portion of sovereign functions of government to be exercised for the benefit of public and no contravention of statute or a statutory instrument had been pointed out---Division Bench of High Court set aside writ of quo warranto as essential conditions for issuance of such writ were not satisfied---Division Bench of High Court declined to interfere in appointment of appellant, as the respondent had failed to establish his bona fide---Intra Court Appeal was allowed, in circumstances.

RABEEYA PERVEZ vs USMAN ZAFAR Ss — 2026 PLC(CS) 205 ISLAMABAD

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