1999 PLP 3256 (MLD)
SAJJAD AHMAD and 4 others — Petitioners Versus SECRETARY, IRRIGATION AND POWER DEPARTMENT, PUNJAB,
| Citation | 1999 PLP 3256 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SAJJAD AHMAD and 4 others — Petitioners Versus SECRETARY, IRRIGATION AND POWER DEPARTMENT, PUNJAB, |
Q1: What are the key laws and sections cited in 1999 PLP 3256 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 3256 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 3256 (MLD) (SAJJAD AHMAD and 4 others — Petitioners Versus SECRETARY, IRRIGATION AND POWER DEPARTMENT, PUNJAB,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Tahir Mahmood and Fazal Rauf Joya for Petitioners
Headnotes / Summary
Art. 199
Constitutional petition
Natural justice, principles of
Petitioners were working as Canal Patwaris
Certificates issued to petitioners as a result of examination passed by them were declared null and void by Authorities, being issued illegally and malafidely
Petitioners were condemned unheard-- Effect
Authorities had powers to rescind their order but where a right had been vested to petitioners after completion of examination and they had been working till declaration of result as null and void they had a right to be heard before being condemned
Order of Authorities was declared to be without lawful authority and of no legal effect.
Judgment & Decree
Tahir Mahmood and Fazal Rauf Joya for Petitioners Date of hearing: 24th February, 1998. This judgment will dispose of two connected writ petitions being numbers 879 of 1998 and 1236 of 1998 as both involve the same question of fact and the law.
2. The case of the petitioners is that the Government of the Punjab in the Irrigation Department conducted the examination for Canal Patwaris. The said examination was conducted and after fulfilling all the formalities, the petitioners were declared successful and were appointed as Canal Patwaris. They continued serving the department when on 6-11-1997 respondent No. 1 issued Letter No. ESTT/V-I-20/95, dated 6-11-1997 declaring all the certificates issued to all the candidates as a result of Patwar Examination held on 5-7-1993 to 8-7-1993 in Dalas Division of Rehimyar Khan, Canal Circle as nul and void being issued illegally and mala fidely. In pursuance to this letter of the Secretary to Government of the Punjab in the Irrigation Department, the Executive Engineer. Dalas Canal Division, Rah Yar Khan and the Executive Engineer, Eastern Bar Division, Pakpattan Sharif declared the certificates as null and void being issued illegally and mala fidely.
3. Learned counsel for the petitioners submitted that the respondents have acted in contravention and violation of the principle of Natural justice as under the law none can be deprived without being heard and that due to any act of the State functionary, if some valuable right has accrued, that cannot be done away with without observing the law.
4. Amongst the respondents, only Mr. Munir Ahmad. Divisional Canal Officer, Lodhran and Mr. Atta Muhammad, Assistant on behalf of Chief Engineer, Irrigation Bahawalpur are present but without any instructions and written statements.
5. The admitted position is that while passing the impugned orders, the petitioners have been condemned unheard. There is no cavil about it that the p respondents have the authority to rescind their order but where a right has been vested in the petitioners as after completion of the Patwar Examination they have been working as Patwaris till 6-11-1997 they had a right to be heard before being condemned.
6. In this view of the matter, both the writ petitions are allowed with a special cost of Rs. 5,000 each and as a result thereof, the order dated 6-11-1997 passed by the Section Officer under the direction of the Secretary to Government of the Punjab in the Irrigation Department is declared to be without lawful authority and of no legal effect. Q. M. H. /M. A. K./S-191/L Petition accepted.