| Citation(s) |
|---|
| 2013 SLG 1769 2013 SLD 1769 2013 PLC 121 |
Sindh High Court
Constitutional Petition No.D-102 of 2011, decision dated:9-05-2012
SHAHID ANWAR BAJWA AND MUHAMMAD ALI MAZHAR, JJ
Constitutional Petition No.D-102 of 2011, decision dated:9-05-2012
SHAHID ANWAR BAJWA AND MUHAMMAD ALI MAZHAR, JJ
MUHAMMAD AKRAM SOLANGI and 17 othersVsDISTRICT COORDINATION OFFICER, KHAIRPUR and 3 others
Law:
Section:
(a) Constitution of Pakistan--- ----Art. 4---Protection of law---Scope---To enjoy protection of law and to be treated in accordance with law is inalienable right of every citizen---Article 4 of the Constitution, incorporated doctrine of equality before law or equal protection of law and no action detrimental to life, liberty, body reputation or property of any person could be taken except in accordance with law---Public functionaries were supposed to function in good faith, honestly and within the precincts of its power so that person concerned should be treated in accordance with law. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Factual controversy---Salary, non-payment of---Petitioners claimed to be employed by authorities and despite performing their services, they had been only paid one month salary through bank---Validity---Petitioners had established that salary was credited in their bank accounts which pertained to one month and which fact was also admitted by representative of bank---No convincing documentary evidence had established that petitioners were performing their duties regularly---Authorities not only disputed appointment orders but also refuted claim of petitioners that they ever performed their duties---High Court under its jurisdiction under Art.199 of the Constitution, could not embark upon complicated, controversial or disputed questions of facts---Truthfulness or otherwise of factual disputes could not be determined without inquiry and recording of evidence for which High Court was not an appropriate forum for resolving intricate questions of facts---High Court directed competent Authority to constitute a high powered committee to conduct fair, transparent and impartial inquiry in the matter and verify authenticity and genuineness of appointment orders of petitioners and submit report to competent authority who would take immediate action on that inquiry report---Petition was disposed of accordingly. 2001 PLC (C.S.) 1073; Ikram Bar's case 2005 SCMR 100 and Zahid Ahmed v. Province of Sindh 2012 PLC (C.S.) 124 ref. (c) Constitution of Pakistan--- ----Arts. 4 & 25---Good governance---Scope---Good governance…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492