Law:

Section:

(a) Constitution of Pakistan--- ----Art. 184(3)---Judicial review of administrative action---Scope---Civil service---Investigation of a financial scam by civil servant, who had obeyed the Supreme Court, order and stood for the role of law despite threats etc., advanced to hive by the political figures and had shown his commitment to discharge his duties strictly in accordance with law had been suspended for no other reasons except to make the order of Supreme Court ineffective whereby the Investigation Agency was directed to cooperate with investigation team headed by the said civil servant but' instead the team members were transferred---Competent authority has been vested with the discretion to pass administrative order but such discretion has to be exercised in accordance with law---In the present case, there were certain allegations against the civil servant (who was heading the /investigation team) and a show-cause notice was issued which was replied by him, on the basis of material, without considering the reply filed by civil servant, the person who called for his explanation was not empowered for the same under Government Servants (Efficiency and Discipline) Rules, 1973 being in grade 21--Admittedly such notice for explanation of the civil servant was not issued under R.6, Government Servants (Efficiency and Discipline) Rules, 1973 for misconduct rather the same was issued to get his response about the allegations---Record showed that the order of suspension of said civil servant was issued by the person who was not competent as the verbal orders were obtained from the competent authority, later on, confirmed by the Principal Secretary to the Prime Minister (competent authority)---No incriminating material, admittedly was produced except a letter and even without considering the fact that whether reply was given or not---Held, Supreme Court, ordinarily does not intervene in the functioning of the Executive, but the court has been empowered, while exercising the powers of judicial/review, to examine the administrative orders as well---Principles. (b) Constitution of Pakistan--- ---Art. 184 & 199---Judicial review of discretion and exercise of…

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