Sitting Panel: Sh. Riaz Ahmed, Syed Deedar Hussain Shah and Javed Iqbal, JJ

Summary:

This case involves a civil petition for special leave to appeal filed by Shamas-ul-Bahadur (petitioner) against the judgment of the N.-W.F.P. Service Tribunal. The Tribunal had accepted the appeal of Nisar Ahmed (respondent No. 1) and set aside the order canceling his appointment as Ward Ardali. Nisar Ahmed’s appointment was initially made in accordance with prescribed procedure as the son of a retired employee. However, his services were terminated at the direction of the then concerned Minister, and he was later re-appointed, only for his appointment to be cancelled again, leading to the petitioner’s appointment and subsequent promotion. The petitioner argued that the competent authority could cancel an order suffering from legal infirmity or if it was in public interest, and that the Service Tribunal lacked jurisdiction to interfere.

The Supreme Court dismissed the petition for leave to appeal, upholding the Service Tribunal’s decision. The Court found no illegality in Nisar Ahmed’s initial appointment, noting that it was processed correctly and that his cancellation was an “arbitrary and whimsical manner” at the instance of the Minister concerned for “extraneous consideration,” specifically to accommodate the petitioner. The Court emphasized that a competent authority can only amend or cancel an order if it suffers from a legal infirmity or if the cancellation is in the interest of service or public interest, neither of which was present in this case. The Court cited a precedent stressing that bureaucracy should not simply submit to illegal directions from superiors, as good governance relies on an upright and honest bureaucracy.

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