Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Maintainability---Show-cause notice---Petitioners initially had been appointed for six months under orders of the Provincial Minister without following prescribed procedure---Scrutiny Committee was constituted which recommended regularisation of services of petitioners after issuing them show-cause notice---Petitioners challenged said show-cause notice in Constitutional petition---No adverse orders had yet been passed against the petitioners and they had simply been called upon to show cause against the proposed action---Effect---Constitutional petition was not maintainable against show-cause notice as Departmental Authorities had yet to pass a final order after considering the matter in the light of reply of the petitioners---Petitioners would be at liberty to raise all questions of law and fact before Competent Authority including deliberations of Scrutiny Committee, its recommendations and formal order issued on basis thereof regularising service of a number of officials of the department. Chairman, Minimum Wage Board, Peshawar and another v. Fayyaz Khattak 1999 SCMR 1004; Muhammad Yousaf v. Administrator, Municipal Committee, Mansehra and 3 others 2000 PLC (C.S.) 803; Shagufta Begum v. The Income-tax Officer PLD 1989 SC 360; Nazir Ahmad Sheikh v. Government of Sindh through Secretary 1998 PLC (C.S.) 607; Shabbir Ahmad v. Director, Agriculture and others 1998 PLC (C.S.) 1213; M. Zafar Abbas v. Commissioner and others 1999 PLC (C.S.) 931; Mir Nabi Bakhsh Khan Khoso v. Branch Manager, National Bank of Pakistan 2000 SCMR 1017; Munawar Khan v. Niaz Muhammad and 7 others 1993 SCMR 1287; The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi v. Jalaluddin PLD 1992 SC 207 and Messrs Vulcan Company (Pvt.) Ltd. v. Collector of Customs and others PLD 2000 Lah. 253 ref. Hafiz Tariq Nasim for Petitioner. Maqbool Elahi Malik, A.-G. assisted by Raja Muhammad Arif for Respondent. ORDER This order will dispose of Writ Petition No. 11865 of 2000 as well. 2. The petitioners in both the cases are the employees of the Punjab, Text Book Board, Lahore. All of them were appointed to various…

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