1992 PLP (C (PLC(CS))
NISAR AHMAD Versus GOVERNMENT OF THE PUNJAB and another
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Irshad Hasan Khan, J |
| Parties | NISAR AHMAD Versus GOVERNMENT OF THE PUNJAB and another |
| Primary Law | (d) Constitution of Pakistan (1973), (a) Civil service, (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975 |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (d) Constitution of Pakistan (1973), (a) Civil service, (b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975, (e) Civil service, (c) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Irshad Hasan Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (NISAR AHMAD Versus GOVERNMENT OF THE PUNJAB and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Iqbal for Petitioner.
- ?Farooq Bedar, Addl. A.-G. for Respondent (on Court's call).
Headnotes / Summary
Civil servant is liable to be transferred anywhere in exigencies of service. Allah Rakha v. Government of the Punjab 1980 PLC (C.S.) 397 rel.
R.2(d)
Civil servant would be committing misconduct by bringing political or other outside influence directly or indirectly to bear on the Governor, Chief Minister, a Minister, or any other Government Officer in respect of any matter relating to appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant.
Head of Department would be duty bound to ensure that no order in violation of law and relevant rules was passed by his subordinates
Cases involving departure from Rules, Regulations or Government Policy
Obligation of Secretary to Government stated. It was also obligatory on the Secretary to re-submit the case to the Minister inviting his attention to the relevant Rules, Regulations and the Government Policy where the Minister's order appeared to involve a departure from the Rules, Regulations or Government Policy and if the Minister still disagrees with the Secretary, the Minister would refer the case to the Chief Minister for orders. The Secretary of the Department being responsible for the careful observance of the rules in his Department, while submitting a case for the orders to the Minister was also duty bound to suggest a definite line of action in conformity with the Rules, Regulations/Government Policy, as the case may be, and failure to do so makes him liable for a suitable departmental action by the competent Authority in accordance with law.
Art. 199
Punjab Government Rules of Business, 1974
Conduct of business of Provincial Government
Government Rules of Business made pursuant to Art. 139 of the Constitution must be strictly adhered to, by all concerned
Obedience to Constitution and law is inviolable obligation of every citizen wherever he may be
Aggrieved person could seek appropriate direction in appropriate proceedings before appropriate forum against any action enforceable in law prejudicial to his interest
Where functionary of Government viz. Minister had abused powers vested in him in the discharge of his official functions, his action would be open to challenge before appropriate forum in appropriate proceedings in accordance with law.
Transfer of civil servant by order of Minister as a sequel of political pressure
Civil servant concerned, if so advised could approach Secretary of Department for redress of his grievance
if departmental representation was made by civil servant, same would be disposed of justly, fairly, equitably and in accordance with law by competent Authority. ?
Judgment & Decree
R.2(d)
Civil servant would be committing misconduct by bringing political or other outside influence directly or indirectly to bear on the Governor, Chief Minister, a Minister, or any other Government Officer in respect of any matter relating to appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant. (c) Civil service
Head of Department would be duty bound to ensure that no order in violation of law and relevant rules was passed by his subordinates
Cases involving departure from Rules, Regulations or Government Policy
Obligation of Secretary to Government stated. It was also obligatory on the Secretary to re-submit the case to the Minister inviting his attention to the relevant Rules, Regulations and the Government Policy where the Minister's order appeared to involve a departure from the Rules, Regulations or Government Policy and if the Minister still disagrees with the Secretary, the Minister would refer the case to the Chief Minister for orders. The Secretary of the Department being responsible for the careful observance of the rules in his Department, while submitting a case for the orders to the Minister was also duty bound to suggest a definite line of action in conformity with the Rules, Regulations/Government Policy, as the case may be, and failure to do so makes him liable for a suitable departmental action by the competent Authority in accordance with law. (d) Constitution of Pakistan (1973)
Art. 199
Punjab Government Rules of Business, 1974
Conduct of business of Provincial Government
Government Rules of Business made pursuant to Art. 139 of the Constitution must be strictly adhered to, by all concerned
Obedience to Constitution and law is inviolable obligation of every citizen wherever he may be
Aggrieved person could seek appropriate direction in appropriate proceedings before appropriate forum against any action enforceable in law prejudicial to his interest
Where functionary of Government viz. Minister had abused powers vested in him in the discharge of his official functions, his action would be open to challenge before appropriate forum in appropriate proceedings in accordance with law. (e) Civil service
Transfer of civil servant by order of Minister as a sequel of political pressure
Civil servant concerned, if so advised could approach Secretary of Department for redress of his grievance
if departmental representation was made by civil servant, same would be disposed of justly, fairly, equitably and in accordance with law by competent Authority. ? Muhammad Iqbal for Petitioner. ?Farooq Bedar, Addl. A.-G. for Respondent (on Court's call).