Case Details

Citation(s)
1990 SLG 1142 1990 SLD 1142 1990 SCMR 1512
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.277 of 1987, decision dated: 291 h July, 1989.
SHAFIUR RAHMAN AND SAAD SAOOD, JAN, JJ
Ch. Mushtaq Masood, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents.

WAHEED ASGHAR

VS

PROVINCE OF PUNJAB and others

Law:

Section:

Constitution of Pakistan (1973)-------Art.212(3)---Expunction of observation against petitioner recorded by High Court---Justification for---Constitutional petition in which observations complained of were made was dismissed in limine---No positive finding with regard to the implication of petitioner was recorded---Objection was being taken to an observation which was the result of first impression, tentative in character and only incorporating a likelihood and nothing more---High Court could Justifiably at that stage and in those proceedings make such an observation--­Occasion for petitioner for expunction of remarks could have arisen only if a positive finding to that effect had been recorded and that having not been done, no case for expunction of remarks was made out---Departmental proceedings against petitioner if any, had to proceed and conclude on its own merits and on material brought out before competent authority and not on those tentative remarks---Leave to appeal refused. JUDGMENT SHAFIUR RAHMAN,J-------The petitioner and Electric Inspector is seeking leave to appeal against the judgment/order of the Lahore High Court dated 14th pf March, 1987 with a view to get an observation recorded in the judgment/order whereby his service career as an employee has been seriously jeopardized expunged. 2. The petitioner was posted as Electric Inspector Gujranwala. He was transferred from there and instead Muhammad Farooq Siddiqui was posted in his place. A number of persons who claimed to be consumers of Electricity in Gujranwala filed a Constitution Petition challenging the posting of Mr. Muhammad Farooq Siddiqui for various reasons. In examining the locus standi of those Petitioners the High Court made the following observation:---- "It appears that the petitioners have not come to…
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