| Citation(s) |
|---|
| 2011 SLG 1810 2011 SLD 1810 2011 PLC 1209 |
Lahore High Court
Writ Petition No.3052 of 2011/BWP, decision dated: 8-06-2011.
ABDUS SATTAR ASGHAR, J
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Writ Petition No.3052 of 2011/BWP, decision dated: 8-06-2011.
ABDUS SATTAR ASGHAR, J
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Dr. MULAZIM HUSSAIN SUMRO
VS
SPECIAL SECRETARY HEALTH, PUNJAB, LAHORE and 2 others Dr. MULAZIM HUSSAIN SUMRO vs SPECIAL SECRETARY HEALTH, PUNJAB, LAHORE and 2 others
Law:
Section:
Punjab Employees' Efficiency, Discipline and Accountability Act (XII of 2006)------S. 13(4)---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Show-cause notice---Object and scope---Maxim audi alteram partem---Applicability---Civil servant was aggrieved of show-cause notice issued to him by competent authority on the basis of inquiry report---Validity---Notice in question was issued in accordance with law in exercise of lawful authority under Punjab Employees Efficiency, Discipline and Accountability Act, 2006---Matter pertained to terms and conditions of service and plea of mala fide being a question of fact not sufficiently substantiated with any speck of material on the record could not be looked into by High Court in exercise of Constitutional jurisdiction at such stage---No decision adverse to petitioner was passed in the show-cause-cum-personal hearing notice in question---Object of show-cause notice was to provide an opportunity to petitioner to explain and produce his defence before Hearing Officer following the rule of audi alteram partem---Issuance of show-cause notice did not amount to infringement of any statutory or secured right of petitioner, therefore, the same could not be called in question through invoking Constitutional jurisdiction of High Court---Petition was dismissed, in circumstances. Shabbir Ahmed Bhutta for Petitioner. ORDER ABDUS SATTAR ASGHAR, J.--- Dr. Mulazim Hussain Sumro, being aggrieved of show-cause notice dated 11-5-2011 issued by Dr. Muhammad Sarni Akhtar Processor (BS-20) Nishtar Medical College Multan/respondent No.2, the Inquiry Officer, has called it in question on the ground that the same is illegal, mala fide and without lawful authority. 2. I have given patient hearing to the learned counsel for the petitioner and perused the record with his able assistance. 3. The record reveals that by orders of the competent authority an inquiry under the PEEDA Act, 2006 on the charge of professional irregularities and misconduct was ordered against Dr. Mulazim Hussain Sumro/petitioner vide order dated 23-4-2010 passed by Special Secretary (Health), Government of the Punjab. On submission of report of…
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