Case Details

Citation(s)
2002 SLG 1766 2002 SLD 1766 2002 PLC 382
Lahore High Court
Writ Petition No. 19887 of 2000, decision dated: 23rd May, 2001.
CH. IJAZ AHMAD, J

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MUHAMMAD SHARIF

VS

CHAIRMAN, BOARD OF TECHNICAL EDUCATION, and another

Law:

Section:

(a) Civil service-------Departmental or criminal. proceedings---Departmental or criminal proceedings can go side by side and are not dependent upon each other. Muhammad Tufail v. Assistant Commissioner/Collector 1989 SCMR 316; Amir Abdullah v. Superintendent of Police and others 1989 SCMR 333; Talib Hussain v. Anar Gul Khan and others 1993 SCMR 2177; Deputy Inspector-General of Police and others v. Anisur Rehman Khan PLD 1985 SC 134 and 1996 SCMR 315 ref. (b) Constitution of Pakistan (1973)--- ----Art: 199---Constitutional petition---Orders passed by Authorities--­Validity---Where the orders were passed in accordance with the rules and regulations of the Authorities, the Constitutional petition was not maintainable against such orders. Muharram Ali v. Government of Punjab 1984 SCMR 433 and Board of Intermediate and Secondary Education, Sargodha v. Abdur Rehman 1988 SCMR 1711 ref. (c) Mala fides--- ---- Allegation of mala fides---General allegation of mala fides is not sustainable in the eye of law. Saeed Ahmad Khan's case PLD 1974 SC 151 and Aman Ullah Khan's,case PLD 1990 SC 1092 ref. (d) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Necessary parties, non-impleading of ---Effect---Mala fide, allegation of---Grievance of the petitioner was that termination of his service was not in accordance with law---Petitioner made general allegation of mala tides against Inquiry Officer and Authorised Officer---Validity---Where the petitioner had alleged mala fides, against the officer but he did not implead them as respondents, Constitutional petition was not maintainable. Azhar Ali's case PLD 1971 Lah. 972 and Rameez-ul-Haq's case PLD 1991 1992 SC 551 fol. Muhammad Sharif Chaudhry for Petitioner. Shahid Waheed for Respondents. ORDER The brief facts out of which the present writ petition arises are that the petitioner was appointed as junior clerk by the respondents on 31-10-1985. Thereafter the, petitioner was promoted as senior clerk by the respondents. One Ijaz Hussain son of Allah Bakhsh filed a complaint on 15-2-1999 before respondent No. 1. The contents of complaint reveal that an amount of Rs.10,000 as illegal gratification was paid…
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