| Citation(s) |
|---|
| 2026 SLG 3775 = 2026 SLD 3775 |
Peshawar High Court
Writ Petition No. 1518-P/2026 with I.R
Presented By: FARAH JAMSHED JUDGE
Date of hearing: 27.02.2026 For Petitioners: M/s Amir Javed Advocate and Muhammad Sangeen Khan Advocates. For Federation: Mr. Bilal Ahmad Durrani, AAG.
Writ Petition No. 1518-P/2026 with I.R
Presented By: FARAH JAMSHED JUDGE
Date of hearing: 27.02.2026 For Petitioners: M/s Amir Javed Advocate and Muhammad Sangeen Khan Advocates. For Federation: Mr. Bilal Ahmad Durrani, AAG.
Mushtaq Ahmad & others
VS
. Federation of Pakistan & others
Law: Constitution of Pakistan 1973
Section: 199,168–170
Case Summary
Case: Government Employees v. Controller General of Accounts (CGA) & Others
Court: Peshawar High Court
Judge: Farah Jamshed, J.
Decision Date: 27.02.2026
Jurisdiction: Article 199 of the Constitution of Pakistan
Tagline
A constitutional petition is premature where only a fact-finding inquiry or request for information exists and no formal disciplinary proceedings or adverse order has been initiated.
Facts
- Petitioners were employees of the Accountant General, Khyber Pakhtunkhwa.
- CGA received an anonymous complaint regarding alleged fraudulent payments.
- Three Fact-Finding Inquiries (FFIs) were conducted based mainly on SAP-generated data.
- A subsequent special audit attributed discrepancies largely to systemic and technical issues.
- CGA issued a letter dated 01.09.2025 seeking details of officials allegedly involved for possible disciplinary action.
- Petitioners challenged the letter, claiming it was based on defective inquiries and violated their constitutional rights.
Issue
Whether a constitutional petition under Article 199 is maintainable against a mere request for information and a fact-finding inquiry before initiation of formal disciplinary proceedings.