Case Details

Citation(s)
2006 SLG 1812 2006 SLD 1812 2006 PLC 1051
Lahore High Court
Writ Petition No, 1799 of 2006, decision dated: 5-04-2006.
SYED ZAHID HUSSAIN, J

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Mst. IMTIAZ BIBI

VS

PRESIDENT OF PAKISTAN through Section Officer and another Mst. IMTIAZ BIBI vs PRESIDENT OF PAKISTAN through Section Officer and another

Law:

Section:

Constitution of Pakistan (1973)-------Art. 199--- Constitutional petition---Civil service---Departmental penalty--- Departmental penalty imposed upon deceased civil servant i.e. husband of the petitioner had remained intact as same was never challenged and acquittal of deceased civil servant from criminal case, would not automatically obliterate the same---In so far as grievance of petitioner that impugned order passed by authorities was without hearing, was concerned, counsel for authorities had relied upon of Supreme Court reported as 2006 SCMR 382 to contend that hearing was not necessary, if order passed contained reasons for acceptance of representation after considering comments/reply, no fault could be attributed to the same---Legal position stated by Supreme Court would bind everyone including High Court and was to be honoured--Constitutional petition was dismissed. Federation of Pakistan through Secretary Education, Islamabad v. Professor Dr. Anwar and 2 others 2006 SCMR 382 ref. Nemo for Petitioner. Dr. Danishwar Malik, Dy. A.-G. for Pakistan. Umar Sharif, Standing Counsel for Pakistan Railways. ORDER SYED ZAHID HUSSAIN, J.---A complaint filed by the petitioner before the Wafaqi Mohtasib, was accepted on 4-9-2004 with certain recommendations. Qua the same, a representation under Article 32 of President Order No.1 of 1983 was tiled by the respondent/agency, which was accepted by respondent No.1, vide communication dated 26-5-2005. The petitioner seems to have filed a review petition before respondent No.1, which was dismissed that the same was not…
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