Case Details

Citation(s)
2017 SLG 1852 2017 SLD 1852 2017 PLD 83
Peshawar High Court
Writ Petition No. 2531-P of 2016, decision Date : 03-08-2016
MUSARRAT HILALI, JUSTICE, QALANDAR ALI KHAN, JUSTICE
Shumail Amad Butt for Petitioner

SAJID KHAN JADOON

VS

KHYBER PAKHTUNKHWA EHTESAB COMMISSION (KPEC) THROUGH CHIEF COMMISSIONER & 3 OTHERS

Law:

Section:

(a) Khyber Pakhtunkhwa Ehtesab Commission Act (I of 2014)--- ----S. 35---Khyber Pakhtunkhwa Ehtesab Commission Ordinance (II of 2016), Preamble---Reference---Accused seeking quashment of proceedings due to non-completion of inquiry and investigation within a specific timeframe---Validity---Proceedings initiated under Khyber Pakhtunkhwa Ehtesab Commission Act, 2014 had to reach its logical conclusion under the Act and not under the Khyber Pakhtunkhwa Ehtesab Commission Ordinance, 2016 promulgated thereafter---Reference was filed in the Court and notices had been issued to the parties---Constitutional petition was dismissed in limine. (b) Interpretation of statutes--- ----When language of the statute was capable of only one interpretation only that meaning was to be given to the language, irrespective of other considerations. THIS ORDER PASSED BY: MUSARRAT HILALI, JUSTICE:---.--- Petitioner, through this petition, seeks issuance of an appropriate writ declaring the impugned Reference(s) filed by respondents 1, 2 and 4 in the court of respondent No.3 and all proceedings consequent thereto or arising therefrom as illegal, unlawful, without lawful authority and of no legal effect. Further, the impugned Reference being void ab initio and even otherwise fraught with number of incurable defects, improbabilities and impossibilities are sought to be quashed, set aside and put at naught. 2. The petitioner is a Grade-20 officer and served in the capacity of Secretary to the Provincial Government in various Government Departments. He is also the President of Provincial Civil Services Officers Association and representing stake of over 400,000 Provincial Government employees. After promulgation of Khyber Pakhtunkhwa Ehtesab Commission Act 2014, a Committee meant for bringing meaningful betterments in the said Act was constituted of which the petitioner was made a member by giving suggestions and recommendations. Later on, a questionnaire form was issued to the petitioner alleging therein purchase of certain weapons, wireless sets, bullet proof jackets and allotment and retention of confiscated vehicles being Ex-Secretary Excise and Taxation Department, Government of Khyber…
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