| Citation(s) |
|---|
| 2004 SLG 1405 2004 SLD 1405 2004 PLC 59 |
Lahore High Court
Writ Petition No.21576 of 2002, decision dated: 18-09-2003.
CH. IJAZ AHMAD, J
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Writ Petition No.21576 of 2002, decision dated: 18-09-2003.
CH. IJAZ AHMAD, J
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MUHAMMAD IKRAM ALVI
VS
SECRETARY TO GOVERNMENT OF THE PUNJAB, COMMUNICATION AND WORKS DEPARTMENT, LAHORE
Law:
Section:
Punjab Service Tribunals Act (IX of 1974)--------S. 4---Constitution of Pakistan (1973), Arts.4, 5(2) & 199---General Clauses Act (X of 1897), S.24-A---Constitutional petition---Duty and obligations of public functionaries---Appeal filed by petitioner before Punjab Service, Tribunal was accepted by the Tribunal, but and order passed in appeal by Tribunal was not implemented by the Authority despite filing number of applications by the petitioner in that respect---Petitioner aggrieved by said conduct of the Authority, filed Constitutional petition---Held, public functionaries under provisions of S.24-A of General Clauses Act, 1897 must decide controversy between the parties within reasonable time with reasons, nobody should be penalized by inaction of public functionaries and in view of Art.4 of Constitution of Pakistan (1973) public functionaries should act in accordance with law which was their ,paramount duty as said functionaries received salaries from public exchequer to discharge their duties in accordance with law---Authority being public functionary, was directed to do the needful to implement order passed by the Service Tribunal accordingly. Ch. Zahoor Elahi's case P L D 1975 SC 383; Messrs Airport Support Service v. The Airport Manager, Karachi, Airport 1998 SCMR 2268 and Ahmad Lateef Qureshi v. Controller of Examinations PLD 1994 Lah. 3 ref. Zia Ullah Khan Niazi for Petitioner. Muhammad Hanif Khatana, Addl. A.-G. ORDER The brief facts out of which the present writ petition arises are that the petitioner filed an appeal before the Punjab Service Tribunal which was accepted by the Punjab Service Tribunal vide judgment dated 15-8-1996. The respondents failed to implement the judgment of the Punjab Service Tribunal. Thereafter the petitioner filed an application for implementation of the judgment of the Punjab Service Tribunal, before the Punjab Service Tribunal, which was disposed of by the Punjab Service Tribunal, vide order dated 9-10-1997. The respondents failed to implement the order of the Punjab Service Tribunal. Thereafter the petitioner also filed application before the Punjab Service Tribunal. which was also disposed by the Punjab Service…
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