2004 PLP (C (PLC(CS))
Qazi ASIF JAN Versus GOVERNMENT OF PUNJAB and others
| Citation | 2004 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Mian Saqib Nisar, J |
| Parties | Qazi ASIF JAN Versus GOVERNMENT OF PUNJAB and others |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 |
Q1: What are the key laws and sections cited in 2004 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Mian Saqib Nisar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP (C (PLC(CS)) (Qazi ASIF JAN Versus GOVERNMENT OF PUNJAB and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik for Petitioner.
- Date of hearing: 23rd September, 2003.
Headnotes / Summary
Rr. 4 & 5
Punjab Civil Servants Act (VIII of 1974), S.12(1)--Constitution of Pakistan (1973), Arts. 199 & 212
Writ of prohibition issuance of
Petitioner who was Government servant, in his Constitutional petition had sought issuance of prohibitory writ and quashing of proceedings commenced against him. under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 which subsequently were converted into Removal from Service (Special Powers) Ordinance, 2000 during pendency of the matter
Despite there being illegality in proceedings against petitioner, still High Court had no, jurisdiction to entertain Constitutional petition because of bar under Art.212 of Constitution of Pakistan (1973).
Judgment & Decree
Writ Petition No.13083 of 2003, decided on 23rd September, 2003.
Rr. 4 & 5
Punjab Civil Servants Act (VIII of 1974), S.12(1)--Constitution of Pakistan (1973), Arts. 199 & 212
Writ of prohibition issuance of
Petitioner who was Government servant, in his Constitutional petition had sought issuance of prohibitory writ and quashing of proceedings commenced against him. under Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 which subsequently were converted into Removal from Service (Special Powers) Ordinance, 2000 during pendency of the matter
Despite there being illegality in proceedings against petitioner, still High Court had no, jurisdiction to entertain Constitutional petition because of bar under Art.212 of Constitution of Pakistan (1973). Pervaiz Inayat Malik for Petitioner. Date of hearing: 23rd September, 2003. The petitioner, is admittedly a Government servant. It is his case' 'that he was earlier issued with the show-cause notice and proceedings against him were commenced under' the Punjab Civil r Servants (E&D) Rules, 1999, which were subsequently converted into Removal From Service (Special Powers) Ordinance, 2000, during the pendency of the matter another show-cause notice was issued to the petitioner by the competent Authority. as to why he should not be compulsorily retired under section 12(i) of the Punjab Civil Servants Act, 1974; still the Secretary Education, had reinitiated the proceedings against the petitioner on the basis of previous A proceedings. Thus, in the circumstances, it is claimed that, once the petitioner had been directed to the retired, the Department had become functus officio; moreover, such proceedings being without lawful authority, so prohibitory writ be issued and the proceedings be quashed.
2. I am afraid that despite there being any illegality in the proceedings against the petitioner, still because of the bar under Article 212 of the Constitution, this Court has no jurisdiction to entertain this petition. Resultantly, the same is hereby dismissed. H.B.T./A-1011/L Petition dismissed