Law:

Section:

Civil Servants Act (LXXI of 1973)S. 2(a)Constitution of Pakistan (1973), Arts. 199 & 212­Constitutional petitionMaintainability ofBar of jurisdiction of other Courts as contained in Art. 212 of the ConstitutionScope and effect­ Petitioners who were officials in Health Department had challenged through Constitutional petition enquiry proceedings conducted against them on allegation of corruptionPetitioners had contended that matter having already been enquired into, initiation of second enquiry qua the same facts amounted to double jeopardyPetitioners who were civil servants were amenable to Government Servants (Efficiency and Discipline) Rules, 1973, thus, they could not invoke extraordinary Constitutional jurisdiction of High Court in view of Art. 212 of the Constitution of PakistanPetitioners could raise all legal objections qua legality of enquiry against them before Enquiry Officer. M. Shamshir Iqbal Chughtai for Petitioners. Ch. Muhammad Hussain Chattha, A.A.G. (on Court call). Respondent No. 4 in person. ORDER Through this Constitutional petition, the petitioner has challenged the enquiry proceedings being conducted by Assistant Commissioner, Bahawalpur on a complaint filed by Ghulam Rasool. 2. Brief facts leading to the filing of the abovenoted petition are that on an application moved by one Ghulam Rasool, levelling allegations of corruption against the petitioners (who are officials in the Health Department) an enquiry was initiated by Deputy Medical, Superintendent, BV Hospital, Bahawalpur who found that the allegations were false. The complainant moved yet another application before the Deputy Commissioner, who called a report from the M.S. BV, Hospital who reported that an enquiry had already been conducted and that no further action was warranted in law. On yet another application moved by the same complainant, Deputy Commissioner, directed the Assistant…

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