INTHE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) Aik, JUSTICE UMAR ATA BANDIAY MR. JUSTICE AMIN-UD-DIN- KHAN Omar Farooq ...Petitioner(s) Versus Competition Commission of Palkistan Respondent(s) through its Chairperson, Islamabad and others For the Petitioner(s)’: Mr. Afnan Karim Kundi, ASC syed Rifagat Hussain Shah, AOR For Respondent 1 : Mr. Kashif Ali Malik, ASc— Date of Hearing : 05.07.2021 ORDER f Submits that there is mo power wilh the hee Competition Commission under the Competition Act, 2010 (“act”) to remove an officer from permanent and regular service on account of the abolition of his post. Service Regulations have been framed by the Commission under Section $8 of the Act. These contemplate three grounds for termination of servicesfirstly, during probation by the failure to confirm the employees (Regulation 5(9) of Chapter-Il secondly, on completion of 25 years of service (Regulation ve! 1(9) Chapter-12); and thirdly, under the B&D Rules, 1973 (Regulation 2 Chapter-12). Scanned with CamScanner‘ueLaton so, SEO 200 2. In the present case, the reasons given for the petitioner's removal are the paucity of work and the financial burden of employing the petitioner. Moreover, the minutes dated 21.09.2020 state that there is no post available for transferring the petitioner. Learned counsel has shown from page 60 of the CP that there are other Director Generals in the Commission who are holding three posts in the same grade. ‘This includes Mr. Umair Javed, Mr. Noman Laig, Mr. Shahzad Hussain and Mr. Ahmed Qadir who hold two posts. ‘the additional charges held by any of the said officers could be assigned to the petitioner. That has not been considered by the Commission nor by the Court. 3. Issue notice to the respondents. Learned counsel accepts notice on behalf of the respondents and states that the petitioner has been forum shopping without disclosure of his appeal pending before the High Court and civil petition filed before this Court nor has the dismissal of said appeal been disclosed to this Court. This point shall also be considered on the next date of hearing. Relist after summer vacations. Scanned with CamScanner