| Citation(s) |
|---|
| 2002 SLG 1827 2002 SLD 1827 2002 PLC 816 |
Lahore High Court
Writ Petition No. 20756 of 2001, decision dated: 31st January, 2002.
IJAZ AHMAD CHAUDHRY, J
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Writ Petition No. 20756 of 2001, decision dated: 31st January, 2002.
IJAZ AHMAD CHAUDHRY, J
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MUHAMMAD AMIN MUGHAL
VS
SECRETARY LOCAL GOVERNMENT AND RURAL DEVELOPMENT DEPARTMENT/CHAIRMAN PUNJAB LOCAL GOVERNMENT BOARD, GOVERNMENT OF THE PUNJAB, CIVIL SECRETARIAT, LAHORE and 4 others
Law:
Section:
Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)----------Ss. 2(c)(d), 4, 5 & 10-----Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Arts.199 & 212---Constitutional petition---Maintainability---Suspension order---Validity---Provision of S.10 of Punjab Removal from Service (Special Powers) Ordinance, 2000 which was applicable to the case provided that appeal could be preferred to Punjab Service Tribunal under Punjab Service Dibunal Act, 1974---Petitioner, in circumstances, could not challenge order of his suspension in Constitutional petition in view of bar under Art.212 of Constitution of Pakistan (1973) Suspenstion order or holding of inquiry against civil servant being step towards passing of final order, Constitutional petition was not maintainable against -inch interim order-- -Petitioner, if found guilty of charge and some action was taken against him, he would have remedy to file appeal before the Service Tribunal---High Court, in its Constitutional jurisdiction could not interfere in interim orders and Constitutional petition against suspension order which was an interim order was not maintainable. 2001 PLC (C.S.) 623: 2001 PLC (C. S.) 1015; 2000 PLC (C.S.) 533; 1998 SCMR 2240; 1998 SCMR 999; PLD 1970 SC 1; Abdul Bari's case PLD 1981 Kar.290; Muhammad Mahmood Ali's case 1984 CLC 142 and Nazir Ahmad Sheikh's case 1998 PLC (C.S.) 607 ref. Muhammad Asdullah for Petitioner. Muhammad Shan Gul for A.-G. ORDER Through this Constitutional petition under Article 199 of the Constitution of Islamic Republic Pakistan the impugned order dated 13-8-2001 whereby the petitioner was suspended from the service has been challenged and it has been prayed that it may be declared to have been passed without lawful authority and of no legal effect. It is further prayed that respondent No.1 may also be directed to reinstate the petitioner in service and allow him to perform his official duties on the post he was working before suspension. 2. Brief facts necessitated for the filing of this writ petition are that the petitioner was appointed as TPO in LCS in 1993; that he was working as TPO, MC, Sheikhupura when an…
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