2004 PLP (C (PLC(CS))

‑‑‑‑Art. 199‑‑‑Civil service‑-‑Constitutional petition‑‑‑Maintainability of‑‑‑Petitioner who was Administrator of a Municipal Committee was proceeded against on some financial irregularities‑‑‑Surcharge notice was issued to petitioner and after receiving his reply, inquiry was conducted against him and a final show‑cause notice was issued to him‑‑‑Petitioner aggrieved of said final show‑cause notice had filed Constitutional petition‑‑‑Validity of‑‑‑Inquiry initiated against petitioner was almost at, its fag end and a final show‑cause had been issued to him‑‑‑Petitioner bad to defend said notice in appropriate proceedings and in case adverse order was passed against him, he could competently challenge the same before forum having jurisdiction in the matter‑‑‑The matter being under consideration before Departmental Authority, petitioner at such stage could not invoke Constitutional jurisdiction of High Court as High Court ordinarily would not interfere in the matters which were sub judice before lower Courts or Tribunals or were under consideration of Public functionaries and final decision had yet to be rendered in the matter‑‑ Case was hardly of a nature in which High Court should interfere at a stage when only a show‑cause notice had been issued to the petitioner and no adverse order had been passed against him‑‑ Constitutional petition filed by petitioner, being premature, was disposed of accordingly. M. Shamshir Iqbal Chughtai for Petitioner. The petitioner as Administrator, Municipal Committee Ahmadpur East, deposited a certain sum of money in United Bank of Pakistan Limited for a period of three months. Subsequently the amount was withdrawn by Municipal Committee and later it came to light that the Committee suffered a loss of Rs.2,07,

400. Additional Secretary‑II, Local Government and Rural Development Department, Government of Punjab issued surcharge notice to the petitioner. Reply was submitted by the petitioner and then the inquiry was conducted. A final show‑cause notice has been issued to the petitioner. Aggrieved of which under consideration petition has been submitted.

2. I have heard the learned counsel.

3. The inquiry initiated by respondent No.2 is almost at its fag end and a final show‑cause has been issued to the petitioner. The petitioner should defend that notice in appropriate proceeding and in case an adverse order is passed against him he can competently assail the matter before the forum having jurisdiction in the matter. The matter is under consideration before the Departmental Authority and at this stage the petitioner cannot invoke the Constitutional jurisdiction of this Court. This Court ordinarily does not interfere in the matters which are sub judice before lower Courts, Tribunal or are under consideration of public functionaries and final decision has yet to be rendered in the matter. The under consideration case is hardly of a nature in which this Court should interfere at this stage when only show‑cause notice has been issued to the petitioner and no adverse order so far stands passed against the petitioner.

4. The petition is disposed of as being premature. H.B.T./A‑57/L Order according.