Law:

Section:

(a) Constitution of Pakistan-------Art. 199---Punjab Employees Efficiency, Discipline and Accountability Act (XII of 2006), S.5(1)(a)---Show-cause-notice---Judicial review---Scope---Issuance of a show-cause-notice is itself a complete act or decision---Such decision, order or act of the competent authority is subject to judicial review provided the issuing authority is amenable to constitutional jurisdiction---Limitations---Grounds of past and closed transaction, mala fide and others can be conveniently raised before the competent authority in reply to the show-cause notice and such case will not be ripe enough to be considered for judicial review---Principles. A show-cause-notice can be divided into two parts. The first part deals with the act of issuance of the show-cause-notice by the competent authority. While the second part pertains to the actual body or subject-matter of the show-cause notice. Issuance of a show-cause notice is itself a complete act or decision. This decision, order or act of the competent authority is subject to judicial review provided the issuing authority is amenable to writ jurisdiction. In such a case, the grounds for challenge are limited to whether the show-cause notice was lawfully issued by the competent authority and whether the issuance of the show-cause notice is ultra vires the relevant law and hence without jurisdiction. The second part of the show-cause-notice is its subject-matter. This part is no more than a set of allegations that have yet to be replied to and have yet to undergo adjudicatory process. This part is, therefore, still in its infancy till it matures and crystallizes into an order. As there is no order, there is nothing adverse affecting anyone's rights. No legal right has been infringed and therefore the need for a remedy does not arise. Where there is a right, there is a remedy; and as a corollary, there cannot be a remedy where there is no right. Second part of the show-cause notice, in the absence of a definite finding or order, is inchoate and not ripe for judicial review. Hence, a person challenging the same is not an aggrieved person under Article 199 of the Constitution. The grounds of past and…

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