Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Double jeopardy, principle of---Applicability---Petitioner was reinstated by Service Tribunal in earlier round of litigation, and the was maintained by Supreme Court but permission was granted to authorities that fresh inquiry could be initiated---Authorities initiated fresh inquiry and on the basis of previous allegation and ground once again dismissed the petitioner from service---Validity---Authorities were not given licence to proceed against petitioner on the basis of same set of allegations and grounds, which could not be proved before Service Tribunal and were declared to be insufficient ground for awarding major punishment to petitioner---Such finding of facts was never disputed nor the same was reversed or set aside by Supreme Court---Authorities, with pre-determined mind to penalize petitioner on the same set of allegations, could not be allowed to fill-up legal lapses prevailed during first round of proceedings against petitioner in the second round of proceedings which tantamount to double jeopardy---Entire proceedings undertaken by authorities were predetermined, based on mala fides and could not be sustained in -law---High Court in exercise of constitutional jurisdiction, declared the order of dismissal from service to be null and void and of no legal consequence---High Court directed the authorities to reinstate the petitioner in service with back-benefits accrued to him during the period---Petition was allowed accordingly.    Messrs Muhammad Dawood v. Federation of Pakistan 2007 PLC (C.S.) 1046; Muhammad Mubeenul Islam v. Federation of Pakistan PLD 2006 SC 602; Nasir Said v. WAPDA PLD 1987 SC 421; Abdul Bashir and 9 others v. Government of Balochistan through Chief Secretary, Civil Secretariat, Quetta and 3 others 2001 PLC (C.S.) 771; Muhammad Saifullah v. Province of Sindh and others 1985 PLC (C.S.) 1108; Muhammad Khaliq v. Board of Intermediate and Secondary Education, Faisalabad and another 2000 PLC (C.S.) 1373; The Director-General (Field), Agricultural Department, Lahore and another v. Haji Abdul Rehman 1989 SCMR 1224; General Manager (Operation),…

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