Case Details

Citation(s)
2002 SLG 2005 2002 SLD 2005 2002 PLC 1604
Lahore High Court
Writ Petition No. 800 of 2002, decision dated: 22-04-2002.
CH. IJAZ AHMAD, J

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MUNIR AHMAD

VS

SPECIAL SECRETARY SCHOOLS, SCHOOL EDUCATION DEPARTMENT, CIVIL SECRETARIAT, LAHORE and 2 others

Law:

Section:

Punjab Civil Servants (Efficiency and Discipline) Rules, 1999---------R. 7(7)(a)---Constitution of Pakistan (1973), Arts.4, 199 & 212--­Constitutional petition---Maintainability---Powers of High Court---Award of minor punishment of censure---De novo inquiry---Civil servant who was awarded minor punishment of censure being aggrieved had filed Constitutional petition alleging that Authorities did not pass any order of de novo inquiry of petitioner within prescribed period of 15 days as was envisaged by R.7(7)(a) of Punjab Civil Servants (Efficiency and Discipline) Rules, 1999---Constitutional petition was resisted by Authorities contending that Constitutional petition was not maintainable in view of bar contained in Art.212 of Constitution of Pakistan (1973)---Contention of Authorities had no force because High Court had ample power to give direction to public functionaries to act in accordance with law as envisaged by Art.4 read with Art.199 of Constitution of Pakistan (1973)---Duty and obligation of public functionaries was to redress grievances of citizens, their subordinates without fear, favour and nepotism---Authority was directed by the High Court to pass appropriate order strictly in accordance with law after providing hearing to parties. Aslam Warraich v. Secretary. Planning and Development Division and 2 others 1991 SCMR 2330; Shakeel Ahmed v. Commandant 502 Central Workshop E.M.E. Rawalpindi and another. 1998 SCMR 1970; Zain Yar Khan v. The Chief Engineer WAPDA and others 1998 SCMR 2419; Muhammad Khaliq v. Board of Intermediate and Secondary Education, and others 2000 PLC (C.S.) 1373; H.M. Rizvi's case PLD 1981 SC 612 and M/s Airport Support Service v. The Airport Manager, Karachi and others 1998 SCMR 2268 ref. Pervaiz Inayat Malik for Petitioner. Muhammad Hanif Khatana, Addl. A.-G. for Respondents. Date of hearing: 22nd April, 2002. ORDER The brief facts out of which the present writ petition arises are that the respondents initiated proceedings against the petitioner and the petitioner was awarded minor punishment of censure vide order dated 9-8-2000. The respondents passed the order dated 25-11-2000 for de novo inquiry of the petitioner. The…
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