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BRIG. RETD. SAFDAR HUSSAIN AWAN versus GOVERNMENT OF PAKISTAN THROUGH PRINCIPAL SECRETARY TO THE PRIME MINISTER

Section 4 (2) (P) Constitution of Pakistan (1973), Article 199 Constitution Petition Civil Service Petition As a highly qualified engineer was appointed as Director General (Technical) at BP20 in the Avivyak Trust Properties Board. Prior to this, the appointment of the applicant was decided by the Board of Equity Trust Properties, which unanimously approved such appointment at the meeting, however, a summary was prepared for the Prime Minister in which It was said that the appointment should be declared invalid with the suggestion to regularize the appointment, but a memorandum was issued by it / the service was suspended. Once the government gave the Iwaky Trust Properties Board an independent position, it was assumed and given the impression that it had stepped in to interfere with the affairs of the board, And that the Board was granted autonomy, in the case of its independent judgment, in the case of a free sovereign entity, the rnment would constitute a violation of its independent sovereignty and such violation would be unauthorized and unlawful. However, when the appointment / removal of employees as the Federal Government / Prime Minister was not mandatory on an autonomous organization, when certain rules were in place Yes for this appointment and for the dismissal of its employees, in the present case the applicant was appointed on the agreement of the Board of Equity Trust Properties, which was an independent body, but the removal of the applicant by the Prime Minister Was ordered by an unauthorized authority under the circumstances, could not abolish the termination / removal order approved by the unqualified authority and criminal advocate from Gohar Ghoushti lawyer