| Citation(s) |
|---|
| 2009 SLG 375 2009 SLD 375 2009 PLD 107 |
Lahore High Court
Writ Petition No. 12570 of 2008, decided on 10th October, 2008
SH. AZMAT SAEED, J
M. Raheel Kamran Sheikh for Petitioners. Kh. Haras Ahmed A.G., Punjab assisted by Malik Zafar Iqbal Awan, Addl. A.G
Writ Petition No. 12570 of 2008, decided on 10th October, 2008
SH. AZMAT SAEED, J
M. Raheel Kamran Sheikh for Petitioners. Kh. Haras Ahmed A.G., Punjab assisted by Malik Zafar Iqbal Awan, Addl. A.G
FARRUKH MEHMOOD SHAH and anothers
VS
GOVERNMENT OF PUNJAB through Secretary, Department of Law, Punjab Civil Secretariat, Lahore and 8 others
Law: Punjab Tribunal of Inquiry Ordinance (II of 1969)
Section: 5(2),(3),(4),(5),(6),3,11,11(1),7
Law: West Pakistan General Clauses Act, (IV of 1956)
Section: 13,20
(a) West Pakistan General Clauses Act (VI of 1956)--- ----S. 13---Power and discretion under a statute---Scope---Power and discretion under a statute are not exhausted by their exercise and can always be exercised from time to time. (b) West Pakistan General Clauses Act (VI of 1956)--- ----S. 20---Notification, amendment of---Jurisdiction---Any notification issued can always be amended by the authority issuing such notification and such power is recognized under S.20 of West Pakistan General Clauses Act, 1956. (c) Punjab Tribunal of Inquiry Ordinance (II of 1969)--- ----Ss. 3, 5 & 11---Constitution of Pakistan (1973), Art.199---Constitutional petition---Inquiry by Tribunal---Provincial Government appointed Tribunal for making inquiry into release and utilization of government money and public funds during financial years, 2006-07 and 2007-08 for running print and electronic campaign of political advertisement---Validity---Purpose of Tribunal was to conduct inquiry by members who possessed requisite investigative skill as .well as financial knowledge to fulfil terms of reference---Nothing was on record to persuade to doubt competency, independence and integrity of members of Tribunal---Large amount of Rs.2.37 billion having been expended from public exchequer on advertisements and coincidently general elections 2008 was also on the cards and subsequently held within the same period, that was the reason why two specific financial years were chosen for inquiry---No illegality and infirmity having been found in notifications issued by Provincial Government nor inquiry being conducted by the Tribunal so constituted could be construed to be illegal or invalid---High Court declined to restrain the Tribunal from holding inquiry in the matter---Constitutional petition was dismissed in circumstances. AIR 1955 SC 25 rel. ORDER SH. AZMAT SAEED, J.---This Constitutional Petition has been filed to call in question the legality and validity of the notifications dated 23-7-2008 and 15-9-2008 purportedly issued by the Government of the Punjab and it is prayed that respondents be restrained from holding an inquiry thereunder. 2. Relevant facts necessary for the adjudication…
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