LAHORE: The Lahore High Court directed the government to take immediate steps to fill the vacancies of private board members of the Small and Medium Enterprises Development Authority (SMEDA).
The court also set aside the notification of the appointment of CEO SMEDA. The court passed this order in a petition of former CEO SMEDA Hashim Raza.
The court observed that the board has an important role in appointing a CEO and its recommendations are vital. It added that SMEDA is without a functional board and asked the government to proceed for the appointment of CEO also. The court said as per section 12(2) of the Ordinance, the CEO’s appointment has to be for three years.
The impugned notification has given the impression that it was a routine transfer of an officer awaiting posting in the establishment division to SMEDA as its CEO, the court said. Moreover, it did not mention his tenure and said the transfer/appointment is with immediate effect and until further orders, the court added.
The court held when the law requires a thing to be done in a particular manner it must be done in that manner and not otherwise. A law officer contended before the court that a contractual employee has no vested right to seek extension of his contract.
He also said that an employee cannot seek an extension of his contract through a constitutional petition, adding that the federal government has no desire to re-appoint him. The court after hearing arguments at length disposed of the petition.
Copyright Business Recorder, 2023
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