Case Details

Citation(s)
2001 SLG 1997 2001 SLD 1997 2001 PLC 1057
Lahore High Court
Writ Petition No.4198 of 2001, decision dated: 23rd May, 2001.
MUHAMMAD FARRUKH MAHMUD, J

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AZAM SUBHANI

VS

DISTRICT HEALTH OFFICER, LODHRAN

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999-------R.4---Constitution of Pakistan (1973) Arts. 199 & 212---Constitutionai petition ---Maintainability---Civil service---Petitioner had called in question the validity of order passed by the Authority whereby show-cause notice was issued to him---Petitioner being a civil servant, Constitutional petition by him was not maintainable in view of bar contained in Art.212 of Constitution of Pakistan (1973). Federation of Pakistan through Secretary, Establishment Division, Islamabad and another v. Sheikh Abdul Aziz 1998 SCMR 91; Government of the Punjab through Collector, Faisalabad and another v. Hudabia Textiles Mills, Faisalabad through Chairman and 4 others 2001 SCMR 209; Rai Ahmed Ali v. Province of Punjab and others 1999 SCMR 1832 and Sajjad Ahmad Javed Bhatti v. The Secretary, Establishment Division and 11 others 1999 SCMR 2186 ref. Nemo for the Petitioner. ORDER Civil Miscellaneous No. 1137. of 2001. . Tahir Mehmood for Petitoner. For reasons mentioned in this C.M., the same is allowed and the writ petition is restored to its original number. At this stage, learned counsel wants to argue the main petition. He is allowed to do so. MAIN CASE 2. Arguments heard: 3. Through the instant Constitutional petition the petitioner has called in question the validity of the order passed by the District Health Officer, Lodhran (respondent No. l), dated 30-4-2001, whereby the petitioner was issued a show-cause notice as to why an action should not be taken against him in accordance with Rule 4 of the Punjab Civil Servants (E&D) Rules, 1999. The petitioner has also assailed the validity of show-cause notice on the ground that this show-cause notice was issued to him by respondent No. l on the written instructions of respondent No. 2 contained in letter Annexure C. 4. Learned counsel for the petitioner contends that show-cause notice is based on mala fide and has…
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