Case Details

Citation(s)
1966 SLG 5164 = 1966 SLD 5164 = 1966 PLD 258
West Pakistan Lahore
Writ Petitions Nos. 35, 36 and 68 of 1963, decided on 13th December 1965.
Presented By: Muhammad Gul and Muhammad Afzal Cheema, JJ

MUKHTAR HUSSAIN---Petitioner  

VERSUS

  THE DISTRICT MANAGER, PROVINCIAL   TRANSPORT SERVICE, LYALLPUR,   AND 2 OTHERS----Respondents  

Law:

Section: 3,4

 (a) Public Conduct (Scrutiny) Ordinance (III of 1959), Ss. 3 & 4 and Public Conduct (Scrutiny) Rules, 1959, r. 6Appointing authority happening to be Convener and Chairman of Screening Committee-Person concerned filing appeal, against recommendation of Screening Committee, of his own choice before such authority designated by statute as "appellate authority"-Hearing of appeal by such authority-Not violation of natural justice-Natural justice, principles of Rules of practice observed on principles of justice, equity, and good conscience Cannot override, but must yield to, express provisions of statute.- Interpretation of statutes.   Mian Muhammad Abdullah v. Road Transport Corporation, Lahore P L D 1964 Lah. 743 distinguished.   (b) Constitution of Pakistan (1962), Art. 98(2)-Petition seeking relief field more than 3 years of passing of impugned order-Delay, held, amounted to acquiescence Gross laches Validity of order cannot be challenged at such a late stage.   Mubarak Ali Bhatti v. Faizar Ali Khan and others P L D 1963 Lah. 8 distinguished.   Raja Muhammad Muzaffar for Petitioner.   Syed Hassan Jaffery for Respondents.   Dates of hearing: 25th October and 1st November 1965.   JUDGMENT   MUHAMMAD GUL, J.-This order will dispose of the following three writ petitions, the essential facts and points of law bearing on them being the same, namely:-   Mukhtar Hussain v. District Manager, P. T. S., Lyallpur and two others W. P. No. 35 of 1963;   Mukhtar Ahmad Mirza v. District Manager, P. T. S., Lyallpur and two others W. P. No. 36 of 1963; and   Faizullah Khan v. District Manager, P. T. S., Lyallpur and two others W. P. No. 68 of 1963.   The petitioner in each case, at the relevant time, was employed as `Checker' in the Provincial Transport Service, at Lyallpur. Early in September 1959, Mukhtar Hussain and Mukhtar Ahmad Mirza, petitioners in the first two petitions, were served with notices to show cause as to why disciplinary action including discharge from service should not be taken against them for corruption, inefficiency and misconduct. Faizullah Khan, petitioner in the third…
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