Case Details

Citation(s)
2011 SLG 1741 2011 SLD 1741 2011 PLC 803
Lahore High Court
Writ Petition No.19344 of 2010, decision dated: 7-02-2011.
SYED MANSOOR ALI SHAH, J

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NAWEED AKHTAR CHEEMA

VS

CHAIRPERSON, TEVETA and others NAWEED AKHTAR CHEEMA vs CHAIRPERSON, TEVETA and others

Law:

Section:

Punjab Technical Education and Vocational Training Authority Act (X of 2010)-------S. 13---Punjab Employees, Efficiency, Discipline and Accountability Act (XII of 2006), S.5---Constitution of Pakistan, Art.199---Constitutional petition--- 'Aggrieved person'---Contract employment---Show-cause notice---Petitioner was contract employee under Provincial Government who assailed show-cause notice issued to him by the authorities--Validity---Show-cause notice had furnished reasons and provided sufficient ground for initiating proceedings against petitioner under S.5(1)(a) of Punjab Employees Efficiency, Discipline and Accountability Act, 2006, and the same was issued by competent authority---In absence of any jurisdictional defect or illegality, mere issuance of a show-cause notice did not give rise to any grievance or qualified the petitioner to be an "aggrieved person "---Show-cause notice on its own was not an adverse order and, therefore, could not generate any cause of action or equip the petitioner with the status of an "aggrieved person" to maintain a petition under Art.199 of the Constitution---Issuance of show-cause notice did not mean that the case would be invariably decided against petitioner and there was always a possibility that the same might be decided in favour of petitioner---Laying challenge to a show-cause notice was, therefore,. no different than filing a petition on the basis of apprehension or speculation---Such petition was premature and not ripe for adjudication--Interference at the stage of issuance of show-cause notice would stultify and retard inquiry process provided under Punjab Employees Efficiency, Discipline and Accountability Act, 2006---As such the same would unduly stall investigative machinery of quasi judicial authorities and hamper discharge of their statutory duties which were to be done with a free hand independent from outside control---Petitioner had an opportunity to place his case before the Authority concerned and there were elaborate procedures by way of appeal or revision against order passed in such proceedings---Relationship of petitioner was contractual in nature and was not governed by any statutory rules of…
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