Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil service--- ----Inquiry, initiation of---Scope---Committee was constituted for recommendations for initiation of legal/criminal action against the delinquents---Validity---Inquiries conducted earlier were not under Punjab Employees' Efficiency, Discipline and Accountability Act, 2006 or any other law rather those were preliminary inquiries---Chief Minister being authority against the employees of senior post could initiate any fact finding inquiry---Consideration for such inquiry must be to unearth the real delinquents---Such practice would promote a sense of responsibility amongst the employees---No right of petitioner had been infringed as no action had been taken so far and no adverse order had been passed---Mere on the basis of apprehension, no direction could be issued to stop inquiry process---Petitioner had attempted to frustrate the inquiry proceedings---Reference to National Accountability Bureau could be submitted if tangible material was collected against the person/employee during proposed inquiry---Mere findings or recommendations of such inquiry committee were not to be considered as of guilt against such person or employee---Constitutional petition being premature was dismissed in circumstances. Khalid Mahmood Ch. and others v. Government of The Punjab through Secretary, Livestock and Dairy Development 2002 SCMR 805 and Mir Nabi Bakhsh Khan Khoso v. Branch Manager, National Bank of Pakistan, Jhatpat (Dera Allah Yar) Branch and 3 others 2000 SCMR 1017 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Scope---No writ could be issued to stop inquiry process on the basis of apprehension. ORDER MUHAMMAD QASIM KHAN, J.--- Briefly the facts of the case are that during posting of the petitioner as Project Engineer, Rahim Yar Khan, a project of sewerage scheme was launched and it became operational in the year 2012. Subsequently, however, some blockage was observed in sewerage lines, whereupon, different inspections were carried out to know about the cause for failure of the sewerage system. Ultimately, through Notification/letter No.DIR(ASSEM) CMO/15/OT-04/057568 dated 24th of March, 2015 a Committee has been…

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