Case Details

Citation(s)
1993 SLG 1105 1993 SLD 1105 1993 PLC 7
Lahore High Court
W.P. No. 9496 of 1992, decided on 11th October, 1992.
FALAK SHER, J

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JAVED IQBAL BOKHARI

VS

DEPUTY REGISTRAR, COOPERATIVES DEPARTMENT, LAHORE DIVISION, LAHORE and another

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975--- ----R. 4(1)(b)---Constitution of Pakistan (1973), Art. 199---Civil servant--­ Charge of misconduct---Misusing official authority--Show-cause notice--­ Validity---Civil servant resorting to Constitutional petition contending that he had been exposed to rigours of disciplinary proceedings at the behest of Chief Secretary on account of personal vendetta; proceedings before Enquiry Officer were coram non judice and void due to jurisdictional fact---High Court declined to interfere for not only alleged bias of Chief Secretary being sheet ­anchor of arguments did not find mention in pleadings but also alleged grievance could be ventilated before statutory functionary before whom all the lego-factual contentions could be urged whose findings would be amenable to revision before the competent Authority and in the event of concurrence, Constitutional remedy could be availed of---High Court's interference at such juncture specially when premise of "the controversy patently pertained to the realm of facts, would tantamount to denying statutory Authority's right to probe into the matter which still appears to be in its infancy thus, suffering from prematurity ---Constitutional petition as per spectrum of events, seemed to have been ventured upon with a view to deferring the matter indefinitely. Raza Kazim for Petitioner. ORDER Petitioner, former Secretary, Cooperatives Department, Government of the Punjab, having been subjected to disciplinay proceedings by the authority with Chief Secretary, Government of the Punjab as the authorised officer and enquiry committee comprising Asad Ali Shah, the then Member, Board of Revenue, Akhtar Saeed Member (Judicial) and. Malik Muhammad Jehangir, Member (Consolidation), Board of Revenue, for the alleged availing of loans from various Cooperatives Finance Institutions/Corporations in his own name as well as in the name of his close relatives and associates, misusing official authority viz. (A) Loans from Services Cooperative Credit Corporation Limited: (i) Advanced to the petitioner--Rs.1,75,37,191. (ii) Resource International owned by petitioner's brother-in-law Shahzad…
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