| Citation(s) |
|---|
| 2004 SLG 1558 2004 SLD 1558 2004 PLC 641 |
Lahore High Court
Writ Petition No. 13018 of 2003, decision dated: 23rd January, 2004.
CH. IJAZ AHMAD, J
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Writ Petition No. 13018 of 2003, decision dated: 23rd January, 2004.
CH. IJAZ AHMAD, J
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MUHAMMAD SALEEM and 2 others
VS
Director General, ESTABLISHMENT DIVISION, ISLAMABAD and 2 others
Law:
Section:
(a) Constitution of Pakistan, 1973-------Art. 199----Constitutional petition---Maintainability---When representations of the petitioners on a matter are pending before a competent authority, Constitutional petition on, that matter would not be maintainable. Ch. Tanbeer Ahmed Siddiky's case PLD 1968 SC 185 ref. (b) Service Tribunal Act, (LXX of 1973)--- ---S. 4---Constitution of Pakistan (1973)---Arts. 4, 199 & 122---General Clauses Act (X of 1897), S. 24-A---Constitution petition--Maintainability---Representation of the petitioners were pending before the competent Authority---Contention of the Authorities was that Constitutional petition in service matters was not maintainable in view of the bar contained in Art. 212 of the Constitution read with S.4 of Service Tribunal Act, 1973---Validity---High Court had ample jurisdiction to give directions to the competent authority to act in accordance with law in view of Art. 4 of the Constitution while exercising power under Art 199 of the Constitution; in spite of bar contained in Art. 212 of the Constitution read with S.4 of Service Tribunals Act, 1973---Authorities were directed to decide the representation of the petitioners with reasons strictly in accordance with law, after providing proper hearing to all the parties and within the prescribed time in the light of Art. 4 of the Constitution read with S.24-A of the General Clauses Act, 1897-- Constitutional petition was disposed of accordingly. H.M. Rizvi's case PLD 1981 SC 612; Province of Sindh. v. Gul Muhammad Hanjane's case 2003 SCMR 325; Messrs Airport Support Service v. The Airport Manager Karachi 1998 SCMR 2268 and Zain Yar Khan v. The Chief Engineer CRBC WAPDA 1998 SCMR 2419 ref. Rana A. Hameed Talib for Petitioners. Sher Zaman Khan, Deputy Attorney-General of Pakistan. ORDER The brief facts out of which the present writ petition arises are that the petitioner filed Constitutional Petition No. 1893 of 1997, which was disposed of by this Court vide order, dated 7-6-1999 on the statement of the counsel of the respondents in the following term:-- "The letter states that in view of the ban the petitioners are not being regularized. However, it is…
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