Case Details

Citation(s)
2019 SLG 855 2019 SLD 855 2019 PLC 395
Lahore High Court
W.P. No. 1820 of 2016, decision Dated: 17-10-2017.
MIRZA VIQAS RAUF, JUSTICE
Petitioner(s) by: Moazzam Sajjad Kiani
Respondent(s) by: Muhammad Siddique Awan

JAVED IQBAL

VS

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION RAWALPINDI AND 2 OTHERS

Law: Punjab Boards of Intermediate and Secondary Education Act, 1976

Section: 2(f),3(2)

Law: Constitution of Pakistan, 1973

Section: 25

Law: State Bank of Pakistan Act, 1956

Section: 46B(2),52(1),54

Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006

Section: 3

Punjab Boards of Intermediate and Secondary Education Act (XIII of 1976)--- ----S. 3(2)---Promotion of employee of Education Board---Non-statutory rules---Effect---Non-consideration for promotion due to pendency of departmental proceedings against the employee---Validity---Education Board was a body corporate which could sue and be sued---Regulations governing the employees of Education Board were non-statutory in nature---Constitutional petition being not maintainable against the Education Board was dismissed. Haroon-ur-Rashid v. Lahore Development Authority and others 2016 SCMR 931; Muhammad Rafi and another v. Federation of Pakistan and others 2016 SCMR 2146; Abdul Rauf v. Government of the Punjab through Secretary (Food), Civil Secretariat, Lahore and another 2016 PLC (C.S.) 1099 and Abdul Samad and others v. Federation of Pakistan and others 2002 SCMR 71 ref. Zia Ghafoor Paracha v. The Chairman Board of Intermediate and Secondary Education, Rawalpindi and others 2002 PLC (C.S) 1571; Zia Ghafoor Piracha v. Chairman, Board of Intermediate and Secondary Education, Rawalpindi and others 2004 SCMR 35; Haroon-ur-Rashid v. Lahore Development Authority and others 2016 SCMR 931; Muhammad Mubeen-us-Salam v. Federation of Pakistan through Secretary, Ministry of Defence and others PLD 2006 SC 602; Muhammad Idrees v. Agricultural Development Bank of Pakistan and others PLD 2007 SC 681; Executive Council, Allama Iqbal Open University, Islamabad through Chairman and another v. M. Tufail Hashmi 2010 SCMR 1484 and Muhammad Zaman and others v. Government of Pakistan through Secretary, Finance Division (Regulation Wing), Islamabad and others 2017 SCMR 571 rel. THIS ORDER PASSED BY: MIRZA VIQAS RAUF, J.--- The petitioner namely Javed Iqbal is an employee of The Board of Intermediate and Secondary Education Rawalpindi (hereinafter referred as "Board"), who on account of allegations of misconduct and corruption, was served with a charge sheet under section 3 of The Punjab Employees Efficiency, Discipline and Accountability Act, 2006 (hereinafter referred as "PEDA Act") vide order dated 25th March, 2016. The petitioner is facing departmental inquiry in pursuance to the charge…
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