| Citation(s) |
|---|
| 1981 SLG 3052 = 1981 SLD 3052 = 1981 PLC 297 |
Lahore High Court
Writ Petition No. 757 of 1980, decided on 7th December 1980.
Presented By: Gul Muhammad Khan, J
Muhammad Sadiq for Appellant. S. M. Zubair, A. A.G. for
Respondent.
Writ Petition No. 757 of 1980, decided on 7th December 1980.
Presented By: Gul Muhammad Khan, J
Muhammad Sadiq for Appellant. S. M. Zubair, A. A.G. for
Respondent.
Sayyed SAEED HUSSAIN SHAH
VERSUS
PROVINCE OF PUNJAB ETC.
Law: Punjab Service Tribunals Act, (IX of 1974)
Section: 4
Law: Constitution of Pakistan, 1973
Section: 199, 212
Law: Punjab Civil Servants Act, 1974
Section: 15
Punjab Service Tribunals Act (IX of 1974) S. 4 read with Constitution of Pakistan (1973), Arts. 199 & 212 -Service matters of civil servants-Ouster of jurisdiction of High Court-Absolute if necessary jurisdictional facts obtainable-High Court entitled to go through to satisfy existence of certain facts Order passed without jurisdiction-Void-Not beyond jurisdiction of High Court-Inspector-General of Police-Empowered to call for record of awards in disciplinary proceedings against Police Officials Award- leans only punishment and not acquittal-Inspector-General not competent to call for record of acquittal-Case of Police Official acquitted by Deputy Inspector-General of Police called for and proceedings re-opened by Inspector-General of Police without notice to official-Action of Inspector-General in circumstances, held, not only without jurisdiction but violative of rules and principles of natural justice-Such order, further held, not a final order covered by S. 4 of Punjab Service Tribunals Act, 1974-Not hit by bar contained under Art. 212 of Constitution of Pakistan (1973)-Impugned order declared as without lawful Authority and of no legal effect by High Court on Writ Petition under Art. 199 of Constitution of Pakistan-Punjab Civil Servants Act (VIII of 1974), S, 15 read with Punjab Police (Efficiency and Discipline) Rules, 1975, r. 12. Mujeebullah Aijaz v. D. G. T. & T. Department P L D 1980 Quetta 58, Atta Muhammad Qureshi v. S. C. P L D 1971 S C 61; Muhammad Tufaul v. Abdul Ghafoor etc. P L D 1958 S C (Pak.) 201 ; Ramzan v. Rehabilitation Commissioner P L D 1963 Lah. 461 and Mst. Kaniz Fatima v. Member (Revenue) P L D 1973 Lah. 495 rel. Yasmin Qureshi's case P L D 1980 S C 22 ; Raja Muhammad Sadiq v. WAPDA P L D 1978 Lah. 738 and Afzal Hussain Syed v. Government of Punjab P L D 1980 Lah. 697 ref. Date of hearing : 29th October 1980. …