| Citation(s) |
|---|
| 2004 SLG 1536 2004 SLD 1536 2004 PLC 567 |
Lahore High Court
Writ Petition No. 9302 of 2003, decision dated: 26-01-2004.
CH. IJAZ AHMAD, J
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Writ Petition No. 9302 of 2003, decision dated: 26-01-2004.
CH. IJAZ AHMAD, J
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Rana MUHAMMAD AFZAL
VS
DIRECTOR FOOD PUNJAB, LAHORE and another
Law:
Section:
(a) Punjab Service Tribunals Act (IX of 1974)-------S. 4---Constitution of Pakistan (1973)---Arts. 199 & 212--- Constitutional petition---Maintainability---High Court in its Constitutional jurisdiction can give direction to' the authorities to implement the of the Service Tribunal. Mrs. Monawar Sanni v. Director Army Education. 1991 SCMR 135; Inamul-Haq v. Secretary Establishment Division 1982 Law Notes Lah. 437; Khalid Mehmood Inspector v. Inspector General Police 1999 PLC (CS) 558; Sardar Muhammad Arshad v. Azad Government through Chief Secretary 1998 PLC (C.S.) 217; Farooq Ahmad Khan v. Shaukat Jan Bouch 1998 PLC (CS) 425 and Qazi Muhammad Anwar. v. Federation of Pakistan PLC 2000 C.S.1165 ref. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S.4---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Mere filing of a petition by the respondents before the Supreme Court against the decision of Service Tribunal cannot automatically suspend the operation of of the Services Tribunal. Muhammad Yasin Bhatti for Petitioner. Muhammad Hanif Khatana Additional Advocate-General for Respondents. ORDER The brief facts out of which present writ petition arises are that the respondents compulsory retired the petitioner from the service vide order, dated 5-6-2002. The petitioner being aggrieved filed Service Appeal No. 2037 of 2002 in the Punjab Service Tribunal, Lahore, which was accepted vide judgment, dated 12-3-2003 but in spite .of that the respondents failed to implement the judgment of Service Tribunal. The petitioner being aggrieved filed Constitutional petition. 2. The learned counsel of the petitioner submits that the respondents have no lawful authority not to implement the judgment of the Service Tribunal. He further submits that the respondents filed report and parawise comments as directed by this Court and took a stand that respondents filed petition before the Honourable Supreme Court against, the judgment of Service Tribunal, dated 12-3-2003 which is pending adjudication. He further submits that the judgment of the Service Tribunal has not been suspended by the Honourable Supreme Court as is depicted from the report and parawise…
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