Law:

Section:

(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)---Ss. 5(b) & 9(d)---Constitution of Pakistan, Art.199---Constitutional petition--- Maintainability--- Initiation of inquiry by competent authority---Directions to accused (civil servant) to file reply/defence---No final order passed---Writ not to be issued in such circumstances---Patwari (petitioner) was alleged to have deliberately made a wrong entry in the "Khasra Girdawari"---Competent authority (respondent) passed an order under Punjab Employees Efficiency, Discipline and Accountability Act, 2006 for holding an inquiry, whereafter a revenue official was appointed as the inquiry officer to conduct inquiry against the Patwari, who was given seven days to submit his defence in writing---Contentions of Patwari were that he was being victimized by higher officials of the Revenue department and that miscarriage of justice would take place in case impugned order calling upon him to submit a written reply was not declared to be illegal---Validity---No final order had been passed against the Patwari---After receiving a complaint, competent authority sent a notice to the Patwari indicating therein that an inquiry was being initiated against him and he was directed to file his reply---Without waiting for result of the inquiry, Patwari had filed the present constitutional petition---Constitutional petition would not be maintainable against initiation of an inquiry or issuance of a notice directing the petitioner to file his reply---Only a reply had been sought from the Patwari and no final order had been passed--- Present constitutional petition was filed pre-maturely and was accordingly dismissed. Muhammad Akhtar Sherani and 35 others v. The Punjab Textbook Board, Lahore and 4 others 2001 PLC (C.S.) 939 and Virasat Ullah v. Bashir Ahmad Settlement Commissioner (Industries) and another 1969 SCMR 154 rel. (b) Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Maintainability--- Civil service---Initiation of an inquiry or issuance of a notice directing petitioner civil servant to file his reply---Constitutional petition would not be maintainable in such circumstances.…

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