| Citation(s) |
|---|
| 2007 SLG 2077 2007 SLD 2077 2007 PLJ 1056 |
Lahore High Court
CH. IJAZ AHMAD, J.
Ch. Muhammad Arshad Bajwa, Advocate. Mr. Muhammad Hanif Khatana, Addl. A.G. assisted by Mr. Muntazir Mehdi, Advocate on Court call.
CH. IJAZ AHMAD, J.
Ch. Muhammad Arshad Bajwa, Advocate. Mr. Muhammad Hanif Khatana, Addl. A.G. assisted by Mr. Muntazir Mehdi, Advocate on Court call.
ASHIQ ALI, ASSISTNAT, SERVICES HOSPITAL, LAHORE
VS
GOVT. OF THE PUNJAB through Additional Chief Secretary, S&GAD, Lahore and 5 others ASHIQ ALI, ASSISTNAT, SERVICES HOSPITAL, LAHORE vs GOVT. OF THE PUNJAB through Additional Chief Secretary, S&GAD, La
Law:
Section:
(i) Constitution of Pakistan, 1973-- ----Arts. 4, 199 & 212--Service Tribunal Act (LXX of 1973), S. 4--General Clauses Act (X of 1897), S. 24-A--Duty and obligation of public functionaries--Jurisdiction of High Court has ample jurisdiction to give direction to public functionaries to act strictly in accordance with law in view of Arts. 4 & 199 of the Constitution. [P. 1057 A (ii) General Clauses Act, 1897 (X of 1897)-- ----S. 24-A--Constitution of Pakistan, 1973--Art. 4-Public functionaries--Duty of--It is the duty and obligation of public functionaries to decide the representation of their subordinates without fear, favour, nepotism, with reasons and within reasonable time as is envisaged by Art. 4 of Constitution read with S. 24-A of General Clauses Act. [P. 1057] B Order The sole grievance of the petitioner is that the petitioner filed representation before Respondent No. 2 who has not decided the same till date. The petitioner being aggrieved filed this writ petition. 2. The learned counsel of the petitioner submits that it is the duty and obligation of public functionaries to decide the applications/representations of their subordinates without fear, favour, nepotism, with reasons and within reasonable time as is envisaged by Article 4 of the Constitution read with Section 24-A of the General Clauses Act. 3. Mr. M. Hanif Khattana, Addl. A.G. entered appearance on Court call. He submits that Constitutional petition is not maintainable in view of bar contained in Article 212 of the Constitution read with Section 4 of the Service Tribunal Act. 4. I have given my anxious consideration to the contentions of the learned counsel of parties and perused the record. 5. In spite of the bar contained in Article 212 of the Constitution read with Section 4 of the Service Tribunal Act, this Court has ample jurisdiction to give direction to the public functionaries to act strictly in accordance with law in view of Article 4 of the Constitution, while exercising powers under Article 199 of the Constitution, as per principle laid down by the Honourable Supreme Court in "H. M. Rizvi and 5 others vs. Maqsood Ahmad and 6 others" (PLD 1981 SC 612) and "Province of Sindh…
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