Law: Constitution of Pakistan, 1973

Section: 199,10-A

SUMMARY Orders passed by departmental authority during process of inquiry, at interim stage, could not be challenged in constitutional jurisdiction of this Court unless same suffers from jurisdiction defects. 📜 Laws & Sections Used Article 199 Constitution of Pakistan Article 10-A Constitution of Pakistan Khyber Pakhtunkhwa Civil Servants (Efficiency and Discipline) Rules 2011 🧾 2-Word Description of Case Interim Inquiry   JUDGMENT Instant petition has been filed by petitioner under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, with the following prayers: “In view of the foregoing, it is most respectfully prayed that this Honorable Court may graciously be pleased to:   Declare the constitution of the Inquiry Committee illegal, void, and without lawful authority, being in violation of Article 10-A of the Constitution and the Khyber Pakhtunkhwa Civil Servants (Efficiency & Discipline) Rules, 2011.   Direct the Respondents to provide complete record, fact-finding report, and all material relied upon in the inquiry proceedings.   Direct the Respondents to afford the Petitioner a fair and meaningful opportunity of defense strictly in accordance with law.   Grant any other relief deemed just and proper in the circumstances of the case.   Brief facts of the case (as stated in instant writ petition) are that petitioner is a citizen of   Pakistan and a permanent resident of District Peshawar. He is a medical graduate (MBBS) who joined the Planning & Development Department, Government of Khyber Pakhtunkhwa in 1992 as Provincial Technical Coordinator and is presently serving in BPS-20. He has rendered more than three decades of service in different Government departments with an unblemished record. It is the case of petitioner that while serving as Director General in Law & Human Rights Department, he was served with a charge sheet alleging misuse of official position and failure to ensure proper maintenance of records and accounts of public assets, whereafter a statement of allegations  was issued and an Inquiry Committee was constituted. The petitioner earlier challenged the…