| Citation(s) |
|---|
| 2008 SLG 1333 2008 SLD 1333 2008 PLC 934 |
Supreme Court of Pakistan
Civil Petition No.957 of 2007, decided on 18th December, 2007, Date of hearing: 18th December, 2007. (On appeal from the judgment dated 14-12-2007 passed by Lahore High Court, Lahore, passed in W.P. No.11985 of 2007).
ABDUL HAMEED DOGAR, C.J., MUHAMMAD NAWAZ ABBASI AND MIAN HAMID FAROOQ, JJ
Dr. Khalid Ranjha, Advocate Supreme Court and Muhammad Asif Ranjha, Advocate Supreme Court for Petitioner. Zafar Iqbal Chauhan, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for respondents Nos. 3 and 4.
Civil Petition No.957 of 2007, decided on 18th December, 2007, Date of hearing: 18th December, 2007. (On appeal from the judgment dated 14-12-2007 passed by Lahore High Court, Lahore, passed in W.P. No.11985 of 2007).
ABDUL HAMEED DOGAR, C.J., MUHAMMAD NAWAZ ABBASI AND MIAN HAMID FAROOQ, JJ
Dr. Khalid Ranjha, Advocate Supreme Court and Muhammad Asif Ranjha, Advocate Supreme Court for Petitioner. Zafar Iqbal Chauhan, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for respondents Nos. 3 and 4.
IMTIAZ AHMED LALI
VS
RETURNING OFFICER and 3 others
Law: Constitution of Pakistan, 1973
Section: 184,185,63(1)(i)
Law: Representation Of People Act, 1976
Section: 99(1-A)(i)
Law: Punjab Police (Efficiency and Discipline) Rules, 1975
Section: 2(iii),4(2)(a)
(a) Constitution of Pakistan (1973)-- ----Arts. 184 185---Original and appellate jurisdiction of Supreme Court---Scope---Supreme Court could examine provisions of any law on the touchstone of Fundamental Rights guaranteed in the Constitution. (b) Representation of the People Act (LXXXV of 1976)--- ----S. 99(1-A)(i)---Constitution of Pakistan (1973), Art. 63(1)(i)---Punjab Police (Efficiency and Discipline) Rules, 1975, Rr.2 (iii) 4(2)(a)---Provincial Assembly, election of---Dismissal of petitioner-candidate from police service for his absence from duty---Nomination papers, rejection of---Petitioners plea was that his such dismissal from service would not fall within ambit of misconduct or moral turpitude for purposes of disqualification under Art. 63(i) (j) of the Constitution read with S.99(1-A)(i) of Representation of the People Act, 1976---Validity---Petitioners case in respect of charge of wilful absence from duty might not, as such, involve element of moral turpitude or fall within extended meaning of misconduct in service laws---Wilful or habitual absence from duty in service law was misconduct for involving and element of indiscipline, which might some times constitute gross misconduct---Disqualification under Art. 63(i) (j) of the Constitution read with S.99(1-A)(i) of Representation of the People Act, 1976 was of permanent nature---Such plea was devoid of any force. Imtiaz Ahmed Lali v. Ghulam Muhammad Lali PLD 2007 SC 369; Secretary Education v. Mustamir Khan 2005 SCMR 17 and Badshah Hassan v. Interior Minister 2002 SCMR 967 fol. (c) Words and Phrases--- ---Moral turpitude---Meaning. (d) Punjab Police (Efficiency and Discipline) Rules, 1975--- ----Rr. 2(iii) 4(2)(a)---Wilful absence from duty---Misconduct---Wilful or habitual absence from duty in service law was misconduct for involving an element of indiscipline which, might some times constitute gross misconduct. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 185(3) of the Constitution has been directed against the judgment dated 14-12-2007 by virtue of which the Lahore High Court, Lahore dismissed the…
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