Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art.199---Constitutional petition---Maintainability---Office objection to maintainability of Constitutional petition---Question before High Court was whether a Constitutional petition, whereby order of Single Judge sustaining office objection to a Constitutional petition was impugned, was maintainable---Held, that petitioner being aggrieved of order passed by Single Judge sustaining office objection, could resort to appropriate proceedings instead of filing Constitutional petition---Order passed by a Single Bench of High Court could not be assailed before any other Single Bench of the High Court --- Constitutional petition was therefore not maintainable. Ch. Muhammad Akram v. Registrar, Islamabad High Court and others PLD 2016 SC 961; Civil Aviation Authority Islamabad and others v. Union of Civil Aviation Employees and another PLD 1997 SC 781; Dr. Malik Hafeez ur Rehman and 18 others v. Pakistan Medical Association, Jhelum through President and 5 others 2013 MLD 651; Union of Civil Aviation Employees, Lahore and another v. Civil Aviation Authority, Islamabad PLD 1993 Lah. 306 and Siraj Ahmad, Advocate High Court v. Lahore High Court Boar Association and others W.P. No.18129 of 2014 distinguished. Muhammad Ikram Chaudhry and others v. Federation of Pakistan and others PLD 1998 SC 103 rel. ORDER SHUJAAT ALI KHAN, J.---- Briefly put, the petitioner filed Writ Petition, bearing Diary No.12417/2017, which was fixed as Objection Case before my learned brother, Shahid Bilal Hassan, J. who sustained the Office Objection vide order dated 03.02.2017. Aggrieved by order dated 03.02.2017 the petitioner has filed instant petition. The Office has raised objection qua its maintainability. 2. The petitioner submits that in view of the latest judgment of the apex Court of the country in the case of Ch. Muhammad Akram v. Registrar, Islamabad High Court and others (PLD 2016 SC 961) an administrative order passed by any Member of the Bench is challengeable in Constitutional jurisdiction thus the objection raised by the Office is not sustainable. Adds that instant petition has arisen out of infringement of fundamental rights of the petitioner, thus,…

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