2005 PLP (C (PLC(CS))
Qazi M. ASIF JAH BAHADUR Versus GOVERNMENT OF THE PUNJAB through Education Secretary, Lahore and 3 others
| Citation | 2005 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Syed Zahid Hussain and Muhammad Akhtar Shabbir, JJ |
| Parties | Qazi M. ASIF JAH BAHADUR Versus GOVERNMENT OF THE PUNJAB through Education Secretary, Lahore and 3 others |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 |
Q1: What are the key laws and sections cited in 2005 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Syed Zahid Hussain and Muhammad Akhtar Shabbir, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP (C (PLC(CS)) (Qazi M. ASIF JAH BAHADUR Versus GOVERNMENT OF THE PUNJAB through Education Secretary, Lahore and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik for Appellant.
- Date of hearing: 28th October, 2003.
Headnotes / Summary
Rr. 4 & 5
Constitution of Pakistan (1973), Arts. 199 & 212
Constitutional Petition
Appellant who was a civil servant assailed departmental proceedings initiated against him through Constitutional petition, which was dismissed by a High Court due to bar of jurisdiction contained in Art. 212 of the Constitution
Appellant filed Intra-Court appeal against said judgment
In view of non-obstante operation appearing in Art. 212 of Constitution bar of jurisdiction was attracted in the case
Jurisdiction of High Court under Art. 199 of the Constitution stood excluded by operation of Art. 212 even when no final order had been passed in the case. Al-Ahram Builders (Pvt.) Ltd. v. Income Tax Appellate Tribunal 1993 SCMR 29; I.A. Sherwani v. Government of Pakistan through Secretary Finance Division, Islamabad 1991 SCMR 1041; Hafiz Sabir Ali v. Administrator Municipal Corporation, Sahiwal 2002 PLC (C.S.) 1024; Khalid Mahmud Ch. v. Government of the Punjab through Secretary Livestock and Dairy Development, 2002 SCMR 805; Muhammad Azhar v. General Manager (Operation) Power WAPDA PLD 1990 Lah. 352; Muhammad Aslam Bajwa v. Federation of Pakistan PLD 1974 Lah. 545; Abdul Wahad v. Government of Punjab PLD 1989 SC 508; Superintendent of Police, Headquarter, Lahore v. Muhammad Latif PLD 1988 SC 387 and Akhtar Ali v. Province of Punjab PLD 1992 Lah. 127 ref.
Judgment & Decree
SYED ZAHID HUSSAIN, J.
The appellant, admittedly a civil servant has assailed the departmental proceedings initiated against him, through a writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 which stands dismissed vide impugned order dated 23-9-2003 passed by a learned Single Judge of this Court due to bar of jurisdiction contained in Article 212 of the Constitution. In assailing the same, it is contended by the learned counsel that the jurisdiction of this Court under Article 199 of the Constitution is not barred in all the matters and that since no final order has been passed in the case the bar of jurisdiction contained in Article 212 is not attracted to the circumstances of this case. It is further contended that the appellant is entitled to be dealt with in accordance with law. Reliance has been placed upon Al-Ahram Builders (Pvt.) Ltd. v. Income Tax Appellate Tribunal (1993 SCMR 29), I.A. Sherwani v. Government of Pakistan through Secretary Finance Division, Islamabad (1991 SCMR 1041), Hafiz Sabir Ali v. Administrator Municipal Corporation, Sahiwal (2002 PLC (C.S.) 1024), Khalid Mahmud Ch. v. Government of the Punjab through Secretary Livestock and Dairy Development, (2002 SCMR 805) and Muhammad Azhar v. General Manager (Operation) Power WAPDA (PLD 1990 Lah. 352).
2. We have considered the contentions of the learned counsel but are unable to subscribe the same inasmuch as in view of non-obstante operation of Article 212 the bar of jurisdiction gets attracted. In Muhammad Aslam Bajwa v. Federation of Pakistan (PLD 1974 Lahore 545) it was observed that the exclusionary provisions of Article 212 of the Constitution were applicable notwithstanding anything hereinbefore contained which takes within its ambit the preceding provisions of the Constitution.
3. So far as the contention of the learned counsel that no final order, has since been passed, therefore, petitioner before this Court is competent as the matter cannot be taken to the Service Tribunal is concerned, the contention is equally untenable in view of the legal position, stated in Abdul Wahab v. Government of Punjab (PLD 1989 SC 508). The Superintendent of Police, Headquarter, Lahore v. Muhammad Latif PLD 1988 SC 387 and Akhtar Ali v. Province of Punjab PLD 1992 Lahore 127). The precedents cited by the learned counsel are of no help to the appellant. In this view of the matter, we find that jurisdiction of this Court under Article 199 of the Constitution stood excluded by operation of Article 212 of the Constitution. The petition has, therefore, rightly been dismissed by the learned Single Judge.
4. As a result of the above, we do not find any justification to interfere with the impugned order. The appeal is dismissed accordingly. H.B.T./M-936/L Intra-Court Appeal dismissed.