| Citation(s) |
|---|
| 2003 SLG 3336 2003 SLD 3336 2003 PLD 726 |
Lahore High Court
Writ Petitions Nos. 20175 of 2001, 8300 and 19778 of 2002, heard on 7th July, 2003
MIAN SAQIB NISAR, J
Sheikh Abdul Hameed for Petitioners Mian Hameed-ud-Din Kasuri, D.A.G. with Muhammad Sarwar Zahid, Accounts Officer, Muhammad Rafiq Shad with Rana Ghulam Gilani, Accounts Officer and Sohail Mukhtar Chishti, A.A.O. for
Respondents Nos. 1 and 2
Writ Petitions Nos. 20175 of 2001, 8300 and 19778 of 2002, heard on 7th July, 2003
MIAN SAQIB NISAR, J
Sheikh Abdul Hameed for Petitioners Mian Hameed-ud-Din Kasuri, D.A.G. with Muhammad Sarwar Zahid, Accounts Officer, Muhammad Rafiq Shad with Rana Ghulam Gilani, Accounts Officer and Sohail Mukhtar Chishti, A.A.O. for
Respondents Nos. 1 and 2
Rana FAZALEHAQ and anothers
VS
DIRECTOR OF ACCOUNTS, PAKISTAN POST OFFICE DEPARTMENT, Lahore and 2 others
Law:
Section:
(a) Rules of Business---------R. 8---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Maintainability---Alternate remedy, availability of---Dispute between two Government Departments---Resolving of such dispute by High Court in exercise of Constitutional jurisdiction---Validity---Rules of Business are framed under the Constitution and are binding upon two Departments---If any person having grievance that the law of land is not being followed seeks enforcement thereof, and the Government does not perform its functions provided under the Rules, the exercise of Constitutional jurisdiction cannot be refused only on the ground that there is some mechanics provided for the resolution of the issues in Rules particularly when the Rules are not being followed by the concerned authority ---Constitutional petition was maintainable in circumstances. (b) Controller-General of Accounts (Appointment, Functions and Powers) Ordinance (XXIV of 2001)------ ----Ss. 3 & 6---Rules of Business, R.8---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dispute between two Government Departments ---Adminsitrative control of offices---Creation of various regional offices---Validity---Powers, functions and authority of Controller General of Accounts were specified under the provisions of Controller General of Accounts (Appointment, Functions and Powers) Ordinance, 2001---On enforcement of Controller-General of Accounts (Appointment, Functions and Powers) Ordinance, 2001, the Controller-General was vested with the exclusive administrative control and authority of all the departmentalized accounting organizations including the post office accounting departments---Power to create any regional offices to effect decentralization of the accounting office of a Department and for the postings and transfers of the employees therein, could only be exercised by the Controller-General and Post Office Authorities had no authority in that respect---Orders passed by the Post Office Authorities whereby regional offices were created were without lawful authority, without jurisdiction and the same were set aside by High Court in exercise of Constitutional…
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