1999 PLP (C (PLC(CS))
Miss FAUZIA MUSTAFA Versus CHAIRMAN, TASK FORCE and others
| Citation | 1999 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Syed Jamshed Ali and Syed Zahid Hussain, JJ |
| Parties | Miss FAUZIA MUSTAFA Versus CHAIRMAN, TASK FORCE and others |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1999 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Syed Jamshed Ali and Syed Zahid Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP (C (PLC(CS)) (Miss FAUZIA MUSTAFA Versus CHAIRMAN, TASK FORCE and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Asif Raza Gillani for Petitioner.
- Khadim Nadeem Malik, A.A‑G. for Respondent.
- Date of hearing: 6th October, 1998.
- The communication dated 3‑10‑1998 from the Government of Punjab in the Education Department has also been placed on record of this case. This satisfies the learned counsel for the appellants/petitioners. The petition is accordingly disposed of as not pressed in view of the undertaking given by the learned Additional Advocate‑General.
Headnotes / Summary
‑‑‑‑Art. 199‑‑‑Civil service‑‑‑Constitutional petition‑‑‑Appointment‑‑‑Inquiry into appointments‑‑‑Pakistan Army on request of Government inquired into appointments made in Education Department in teaching and non‑teaching posts and submitted its report‑‑‑Grievance of petitioners who were employees of Education Department was that on basis of report of Army team, action detrimental to their interest was likely to be initiated which would include prosecution, departmental action, stoppage of their salaries and recoveries of salaries received by them‑‑‑Authority undertook that no action would be taken against petitioners solely on basis of report of Pakistan Army; that no ex parte action would be taken against petitioners and in case any incriminating evidence was available against them action would be taken after fulfilling necessary formalities as required by law including show‑cause notice and personal hearing and that till such time action against them was finalized, petitioners would continue in service and salary due to them, would not be stopped‑‑‑Petitioners having been satisfied with the undertaking by Authority Constitutional petition filed by them was disposed of accordingly.
Judgment & Decree
Khadim Nadeem Malik, A.A‑G. for Respondent. Date of hearing: 6th October, 1998. The order will dispose of Writ Petitions Nos. 9131 of 1998, 9142 of 1998, 9184 of 1998, 9007 of 1998, 9005 of 1998, 9025 of 1998, 8973 of 1998, 9110 of 1998, 8945 of 1998, 8965 of 1998, 8952 of 1998, 8974 of 1998, 8090 of 1998, 7202 of 1998, 8217 of 1998, 7424 of 1998, 7189 of 1998, 8356 of 1998, 7892 of 1998, 8210 of 1998, 7025 of 1998, 7901 of 1998, 8227 of 1998, 7425 of 1998, 9109 of 1998, 9077 of 1998, 9071 of 1998, 9078 of 1998, 9096 of 1998, and I.C.As Nos. 176 of 1998. 177 of 1998, 178 of 1998, 179 of 1998, 180 of 1998 and 181 of 1998. The appellants and the petitioners in the above said cases are the employees of the Education Department. On the request of the Punjab Government, Pakistan Army was asked to inquire into the appointments made in the Education Department on the teaching and non‑teaching posts. We have been informed that the said Army team has already completed the inquiry and submitted a report to the Provincial Government. The common grievance in all these cases is that on the basis of the report of the Army team, action detrimental to the interest of the petitioners/appellants in the above said cases has been initiated or is likely to be initiated which includes prosecution, departmental action, stoppage of their salaries and recoveries of the salaries received by the employees.
2. The learned A.A.‑G., on the basis of written instructions from the Government of the Punjab submits as follows: ‑‑
1. That no action will be taken against the civil servants serving in Education Department solely on the basis of the report of Pakistan Army which is being considered as a survey report.
2. No ex parte action will be taken against any of the employee. In case in which any incriminating evidence is available against an employee, action will be taken after fulfilling necessary formalities as required by law including show‑cause notices and personal hearing.
3. Till such time the employee continue in the service of Education Department and action against them is to be finalized, the salary due P' to them shall not be stopped. The communication dated 3‑10‑1998 from the Government of Punjab in the Education Department has also been placed on record of this case. This satisfies the learned counsel for the appellants/petitioners. The petition is accordingly disposed of as not pressed in view of the undertaking given by the learned Additional Advocate‑General. ?H.B.T./F‑89/L???????????????????????????????????????????????????????????????????????? Orders accordingly.