2003 PLP (C (PLC(CS))
MUHAMMAD AMIN BUTT Versus SECRETARY EDUCATION, GOVERNMENT OF THE PUNJAB and another
| Citation | 2003 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Syed Jamshed Ali, J |
| Parties | MUHAMMAD AMIN BUTT Versus SECRETARY EDUCATION, GOVERNMENT OF THE PUNJAB and another |
| Primary Law | Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 |
Q1: What are the key laws and sections cited in 2003 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 2003 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Syed Jamshed Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP (C (PLC(CS)) (MUHAMMAD AMIN BUTT Versus SECRETARY EDUCATION, GOVERNMENT OF THE PUNJAB and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pervaiz Inayat Malik for Petitioner.
- Date of hearing: 5th November, .2002.
Headnotes / Summary
R.6(3)
Constitution of Pakistan (1973), Arts. 199 & 212
Constitutional petition
Petitioner had challenged show-cause notice issued to him and contended that sole basis of show-cause notice was a preliminary inquiry and the truth or otherwise of allegations could only be established in a regular inquiry
Petitioner had further maintained that be was exonerated by Anti-Corruption Agency
Issue raised in petition was germane to the terms and conditions of service of the petitioner and it was raised at the stage when no final order had been passed
Bar of jurisdiction contemplated by Art.212 of Constitution was attracted in the case
Constitutional petition was dismissed being not maintainable. Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508 ref.
Judgment & Decree
R.6(3)
Constitution of Pakistan (1973), Arts. 199 & 212
Constitutional petition
Petitioner had challenged show-cause notice issued to him and contended that sole basis of show-cause notice was a preliminary inquiry and the truth or otherwise of allegations could only be established in a regular inquiry
Petitioner had further maintained that be was exonerated by Anti-Corruption Agency
Issue raised in petition was germane to the terms and conditions of service of the petitioner and it was raised at the stage when no final order had been passed
Bar of jurisdiction contemplated by Art.212 of Constitution was attracted in the case
Constitutional petition was dismissed being not maintainable. Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508 ref. Pervaiz Inayat Malik for Petitioner. Date of hearing: 5th November, .2002. The petitioner has been put to notice under Rule 6(3) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 to show-cause against one of the major penalties. The learned counsel for the petitioner contends that the sole basis of the show-cause notice is a preliminary inquiry and the truth or otherwise of the allegations could only be established in a regular inquiry. He further maintains that the petitioner was exonerated by the Anti Corruption Agency, while despite recommendation of the Anti-Corruption Agency against one Shahzad Ahmad, no action has been taken against him and therefore, the petitioner has unfairly been discriminated against.
2. The submissions made by the learned counsel for the petitioner have been considered. The issue raised in this petition is germane to the terms and conditions of the service of the petitioner and even at this stage when no final order has been passed the bar of jurisdiction contemplated by Article 212 of the Constitution is attracted. Reference may be made to Abdul Wahab Khan v. Government of the Punjab and 3 others (PLD 1989 SC 508) and a Full bench judgment of this Court in Writ Petition No. 10758 of 2001 and other connected matters decided on 15-8-2001. This petition is, accordingly, dismissed as not maintainable. The petitioner shall be free to raise all pleas of law and fact indefence to the aforesaid show-cause notice. H.B.T./M-1735/L Petition dismissed.