2024 PLP (C (PLC(CS))
ABBAS KHAN Versus The DIRECTOR GENERAL, NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) and 3 others
| Citation | 2024 PLP (C (PLC(CS)) |
| Forum / Court | Peshawar High Court |
| Bench Members | Ijaz Anwar and Dr. Khurshid Iqbal, JJ |
| Parties | ABBAS KHAN Versus The DIRECTOR GENERAL, NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) and 3 others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2024 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP (C (PLC(CS))?
The case was heard and decided by the Peshawar High Court bench comprising: Ijaz Anwar and Dr. Khurshid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2024 PLP (C (PLC(CS)) (ABBAS KHAN Versus The DIRECTOR GENERAL, NATIONAL DATABASE AND REGISTRATION AUTHORITY (NADRA) and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asim Jan Chamkani for Petitioner.
- 2. We have heard Mr. Asim Jan Chamkani, advocate, learned counsel for the petitioner and perused the record.
Headnotes / Summary
Inquiry Committee, constitution of
Scope
Petitioner sought direction to the respondents to constitute a fresh inquiry committee comprised of independent and honest members
During working hours, some altercation had ensued between the petitioner, who was an Assistant Superintendent, and a Deputy Director (Operations)
In that background, the Director General initiated disciplinary proceedings against the petitioner
Petitioner was issued a charge sheet, statement of allegations and an inquiry was initiated for which a Committee was constituted
Contention of the petitioner that members of the inquiry committee were subordinates of the Director General warranted no interference for the simple reason that the proceedings against the petitioner were of departmental nature, as such, the inquiry had to be conducted through some officials of the same department
Official regarding whom disciplinary proceedings had been initiated was not part of the inquiry proceedings
Constitutional petition was dismissed, in circumstances. Qazi Babar Irshad, D.A.G. for Federation. Shahid Imran Gigyani NADRA.
Judgment & Decree
DR. KHURSHID IQBAL, J.
Through instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has sought the following prayer: "It is therefore most humbly prayed that, on acceptance of this writ petition an appropriate direction may kindly be issued to the respondents to constitute a fresh inquiry committee comprised of independent, impartial, unbiased, uninterested and honest members in order to meet the ends of justice. To pass any equitable relief deems fit by this Hon'ble Court."
2. We have heard Mr. Asim Jan Chamkani, advocate, learned counsel for the petitioner and perused the record.
3. As per contents of the petition, the petitioner is serving as Assistant Superintendent in the NADRA, at it Chamkani office.
4. In February this year, during working hours, some altercation ensued between the petitioner and Mr. Shahid Ali Khan, a Deputy Director (Operations), respondent No.3. In that background, the respondent No. 1 has initiated disciplinary proceedings against him. He has been issued a charge sheet and statement of allegations and inquiry has been initiated against him for which a Committee has been constituted. Through an application dated 13.05.2022, addressed to the respondent No.1, the petitioner raised objection to the Committee members. His main objection in the aforesaid application was that Mr. Shahid Ali Khan, Deputy Director-respondent No. 3 is working under the direct supervision of the respondent No. 1, for which reason he apprehends that the inquiry proceedings will not be fair and impartial. A bare perusal of the order of inquiry dated 28.03.2022 of the respondent No. 1 would show that aforesaid Shahid Ali Khan is not a member of the Committee. There is one Mr. Shahid Khan, AD MRV, who, as admitted by the learned counsel for the petitioner, is some other official. So far the contention of the petition that the members of the inquiry committee are the subordinates of the respondent No. 1 is concerned, it warrants no interference by this Court. The reason simply is that the proceedings against the petitioner are of departmental nature, as such, the inquiry has to be conducted through some officials of the same department. As noted above, the official regarding whom disciplinary proceedings have been initiated against him, is not part of the inquiry proceedings.
5. In light of the above discussion, we find no merit in the instant writ petition. The same is dismissed in limine. SA/225/P Petition dismissed.