| Citation(s) |
|---|
| 2019 SLG 1418 2019 SLD 1418 2019 PLC 658 |
Lahore High Court
Writ Petition No. 5740 of 2018, decision Dated: 19-04-2018.
MUZAMIL AKHTAR SHABIR, JUSTICE
Petitioner(s) by: Rana Muhammad Liaqat Ali
Writ Petition No. 5740 of 2018, decision Dated: 19-04-2018.
MUZAMIL AKHTAR SHABIR, JUSTICE
Petitioner(s) by: Rana Muhammad Liaqat Ali
MIAN ZAFAR HAIDER
VS
DEPUTY COMMISSIONER AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199,212
(a) Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006)--- ----Preamble---Absence from duty---Suspension---Scope---Contention of employee was that his attendance was marked in the office---Validity---Competent authority had proceeded against the employee under Punjab Employees Efficiency, Discipline and Accountability Act, 2006---High Court could not resolve factual controversy while exercising its constitutional jurisdiction---Suspension was a temporary measure wherein employee received his all emoluments although no work during suspension was taken---Present matter was with regard to terms and conditions of service of employee---Suspension was not a punishment---If any final order was passed against the petitioner employee he would have remedy before the departmental authorities and the Service Tribunal---High Court in its constitutional jurisdiction could notconsider the intermediate stage of proceedings with regard to terms andconditions of a civil servant when the same were to merge in the final order---Piecemeal decisions were not the intention of law---Constitutional petition was dismissed in circumstances. Government of N.W.F.P. v. I.A. Sherwani PLD 1994 SC 72; Khawaia Wajid Ali v. District Coordination Officer and another 2017 PLC (C.S.) 749 and Mrs. Shah Jahan, Headmistress, Government Girls Elementary School, Pindi Bhattian v. Khushnood Akhtar Lashari, Education Secretary, Punjab, Lahore 2003 PLC (C.S.) 1416 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Maintainability---Factual controversy---High Court could not resolve factual controversy while exercising its constitutional jurisdiction. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, J.--- Through this constitutional petition, the petitioner has called in question order dated 04.04.2018 passed by Deputy Commissioner, Muzaffargarh whereby services of the petitioner were put under suspension with immediate effect on account of wilful absence from duty. 2. The brief facts of the case are that the petitioner claims that he was appointed as Junior Clerk in the office of Tehsildar, Jatoi, District Muzaffargarh and he was subsequently directed to take…
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