MISS SHAZIA ASHRAF versus MUNICIPAL COMMITTEE, SAHIWAL THROUGH ADMINISTRATOR
Section 12 (2) Constitution of Pakistan (1973), Article 199 Constitutional Application Section 12 (2), provisions of CPC, scope petitioner's application for the post of PTC teacher was requested and selected after interview. But his appointment letter was barred by the department from being banned The constitutional petition was rejected on the ground that the letter of recommendation was not signed by the competent authority, The appellant was also not allowed to apply for and seek an application under section 12 (2), CPC, after a period of three years, against the memorandum of judgment and decree passed against it. It was submitted that the applicant was served with a copy of the Department's letter of invalid recommendation for his decision and after that letter, signed by the competent authority of Section 12 (2). , The CPC could only be pressed into service where the fraud was committed or the wrongdoing was litigated in court and if not, the applicant outside the court has not stated that the court Has obtained an order by practicing fraud and has not been charged in connection with court proceedings on any fraud or misrepresentation, cannot be sought under section 12 (2). The photocopy of the recommendation letter signed on the record was not confirmed, the applicant failed to provide the details of the alleged fraud and misrepresentation in his application as required by Section 12 (2), CPC
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