Case Details

Citation(s)
2002 SLG 1251 2002 SLD 1251 2002 SCMR 805
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos.3282-L and 3285-L of 2001, heard on 5th December. 2001. (On appeal from the judgment dated 15-8-2001 of the Lahore High Court, Lahore, passed in Writ Petitions Nos. 13199 and 13756 of 2001)
MUNIR A. SHEIKH AND TANVIR AHMED KHAN, JJ
Pervaiz Inayat Malik, Advocate Supreme Court for Petitioners. Nemo for
Respondent

KHALID MAHMOOD CH. and others

VS

GOVERNMENT OF THE PUNJAB through Secretary, Livestock and Dairy Development

Law:

Section:

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)----S.3(e)---Punjab Public Service Commission (Functions) Rules, 1978, R.5---Constitution of Pakistan (1973), Arts.185(3) & 199---Constitutional petition---Show-cause notice was issued to petitioners stating that their appointments were made on extraneous considerations---Petitioners filed their replies contending that their appointments were duly made under R. 5 of Public Service Commission (Functions) Rules, 1978---Petitioners without waiting for decision on their replies by Competent Authority filed Constitutional petitions, which were dismissed by High Court-Contention of petitioner was that their removal from service could be made only after holding elaborate enquiry by Enquiry Officer/Committee, whereas show-cause notice had been issued to them without appointment of Enquiry Officer/Committee---Validity---Before passing the final order of removal from service, appointment of Enquiry Officer or Enquiry Committee was necessary under the Punjab Removal from Service (Special Powers) Ordinance, 2000---Disputed show-cause notice was still at preliminary stage---Competent Authority after considering petitioners' replies, if came to the conclusion that it was a case of taking further proceedings under the Ordinance then it would be required to constitute an Enquiry Committee or appoint an Enquiry Officer---Constitutional petition had rightly been held to be premature and dismissed as such---Impugned was not suffering from any legal infirmity or illegality warranting interference by Supreme Court---Petitions for leave to appeal were dismissed with observations that if any order adverse to petitioners was passed either -on merits or against the provisions of the Ordinance, they might file appeals before the Punjab Service Tribunal in accordance with law. ORDER MUNIR A. SHEIKH, J.---Both these petitions are directed against the judgment, dated 15-8-2001 of the Lahore High Court, Lahore by which the Constitutional petitions, filed by the petitioners were dismissed. The petitioners were appointed in the Civil Service of the Government of Punjab on ad hoc basis. On the promulgation of Punjab Removal…
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