| Citation(s) |
|---|
| 2004 SLG 1428 2004 SLD 1428 2004 PLC 117 |
Lahore High Court
Writ Petition No. 1171 of 2002, decision dated: 13-03-2002.
IJAZ AHMAD CHAUDHRY, J
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Writ Petition No. 1171 of 2002, decision dated: 13-03-2002.
IJAZ AHMAD CHAUDHRY, J
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PUNJAB AGRICULTURAL DEVELOPMENT AND SUPPLIES CORPORATION (DEFUNCT)
VS
Qazi MUHAMMAD SIDDIQUE and others
Law:
Section:
Punjab Office of the Ombudsman Act (X of 1997)------S.2(1) & (6)---Constitution of Pakistan (1973); Art. 199--Constitutional petition---Counting of previous service towards pension/ gratuity---Jurisdiction .of Ombudsman to entertain complaint--- Request of respondent for counting of his previous service towards pension/gratuity was turned down by the Corporation and said order of Corporation had attained finality because respondent had not challenged the* same in departmental appeal---Respondent after lapse of about 23 years filed complaint against the Corporation before Provincial Ombudsman who ignoring all legal objections, raised by the Corporation, passed order against the Corporation and its representation filed against order of Provincial Ombudsman was also dismissed by the Governor--Validity---Employees of the Corporation were public servants as defined under S.2(6) of Punjab Office of Ombudsman Act, 1997 and Corporation was agency as defined in S. 2(1) of said Act---Provincial Ombudsman, in. circumstances, had no jurisdiction to entertain complaint/petition of, respondent and to pass order thereon---Orders of Ombudsman, on face of it, were without jurisdiction and without lawful authority and against statutory provisions of law---High Court accepting .petition filed by Corporation, set, aside impugned orders of Ombudsman. Mian Hamid Ullah Khan for Petitioner. Shamas-ur-Rehman for Respondents. Date of hearing: 13th March, 2002. JUDGMENT Punjab Agricultural Development and Supplies Corporation (Defunct) through its Administrator has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, and has prayed for setting aside of the impugned order dated 30-10-2000 passed by respondent No.2, the Provincial Ombudsman and the impugned order passed by respondent No.3, the worthy Governor of the Punjab dated 15-10-2001. 2. The brief facts of the case are that respondent No. 1 joined Finance Department of the Government of the Punjab, as Junior Clerk on 14-7-1968: In October, 1973 the Government of the Punjab floated new Corporation. The Punjab Agricultural Development and Supplies Corporation (PAD & SC) (which is…
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