Case Details

Citation(s)
2000 SLG 1766 2000 SLD 1766 2000 PLC 1360
Lahore High Court
Writ Petition No.3329 of 1998, decision dated: 2-11-1998
DR. MUNIR AHMAD MUGHAL, J

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ASIF PETER

VS

Director General, MDA, MULTAN and other

Law:

Section:

Punjab Development of Cities Act (XIX of 1976)-------Ss.4, 7, 9 & 44---West Pakistan General Clauses Act (XI of 1956), S.2(55)---Service Tribunals Act (LXX of 1973), S.2-A---Constitution of Pakistan (1973), Art. 199---Removal from service---Constitutional petition--­ Maintainability of---Authority contended that petitioner was a civil servant and matter of his removal from service related to terms and conditions of service and that High Court in exercise of its Constitutional jurisdiction had no jurisdiction in presence of alternate efficacious remedy of appeal before Appellate Authority---Petitioner who was employee of the Authority which was a "statutory authority" could not be considered a civil servant--­ Constitutional petition filed by petitioner was maintainable in view of specified allegation of violation of statutory rules under which he had been given right to be heard before imposing on him 'penalty of removal from service---Petitioner was removed from service without holding any inquiry required by law and without conveying him of said decision---Petitioner having been condemned unheard which was a clear violation of statutory' rules governing petitioner and principle of natural justice High Court accepted Constitutional petition, set aside order of his removal from service declaring the same to be illegal and without lawful authority. Muhammad Saeed Ahmad Khan and 2 others v. Secretary to Government of the Punjab, Housing and Physical Planning Department and 3 others PLD 1983 Lah. 206; Principal, Cadet College, Kohat and another v. Muhammad Shoaib Qureshi PLD 1984 SC 170 and Mst. Anisa Rehman v. P.I.A.C. and another 1994 SCMR 2232 ref. Muhammad Ameer Bhatti for Petitioner. Mehr Muhammad Naeem Arshad and Khadim Nadeem Malik, Addl. A.-G. for Respondents Nos. 1 and 2. Respondent No.3 in person. Date of hearing: 2nd November, 1998. JUDGMENT Through this Constitutional petition the petitioner…
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