| Citation(s) |
|---|
| 2015 SLG 952 2015 SLD 952 2015 PLC 1503 |
Lahore High Court
W.P.No. 15320 of 2014, decided on 19th March, 2015.
SHAHID WAHEED, J
Raja Naveed Azam for Petitioner. Aziz ur Rehman Khan, A.A.G. for
Respondents.
W.P.No. 15320 of 2014, decided on 19th March, 2015.
SHAHID WAHEED, J
Raja Naveed Azam for Petitioner. Aziz ur Rehman Khan, A.A.G. for
Respondents.
MUHAMMAD IQBAL
VS
GOVERNMENT OF PUNJAB through Chief Secretary, Punjab and another
Law:
Section:
(a) Constitution of Pakistan--- ----Arts. 199 & 25-A---Constitutional petition---Maintainability---Civil service---Disciplinary proceedings against the Heads of schools whose result remained below---Show-cause notice, issuance of---Interlocutory orders passed in disciplinary proceedings---Scope---Show-cause notice or a charge-sheet was merely an expression made by a department/organization against its employee stating therein that particular acts of misconduct were alleged against him---Issuance of show-cause notice or a charge-sheet was the first step of the disciplinary proceedings and being interlocutory order were in nature of a step towards a final order to be passed and would be merged with the final order---Civil servant, in disciplinary proceedings, would have to wait till a final order was passed--- Interference in interlocutory orders unless same were shown to be without jurisdiction would amount to stifling of disciplinary proceedings---High Court declined to entertain constitutional petition challenging/quashing show-cause notice---Appropriate course for the petitioner to adopt was to file his reply to the impugned show-cause notice and invite the decision of disciplinary authority thereon---Present constitutional petition was pre-mature---Department had taken notice of low percentage of school results and had directed action against the Heads of the schools---Policy/letter in question being one of the modes to check malpractices---Creating hurdle in upgrading the standard of education and making citizen literate was not violative of any law or provision of the Constitution---Constitutional petition was dismissed in circumstances. Allah Bukhsh v. DIG, Police 2003 UC 60; Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508; Muhammad Javed v. Executive District Officer (Education) Sialkot and 2 others PLJ 2002 Lahore 1393 and M/s. Al-Rehman Travels and Tours (Pvt.) Ltd. and others v. Ministry of Religious Affairs, Hajj, Zakat and Usher through Secretary and others 2011 SCMR 1621 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Constitutional petition was not maintainable…
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