1987 PLP 1502 (CLC)
FAZAL HUSSAIN‑‑Petitioner Versus DEPUTY DIRECTOR, ADMINISTRATION AND HOUSING MANAGEMENT, KOT LAKHPAT HOUSING PROJECT, LAHORE‑‑Respondent
| Citation | 1987 PLP 1502 (CLC) |
| Forum / Court | Lahore ` |
| Bench Members | Falak Sher, J |
| Parties | FAZAL HUSSAIN‑‑Petitioner Versus DEPUTY DIRECTOR, ADMINISTRATION AND HOUSING MANAGEMENT, KOT LAKHPAT HOUSING PROJECT, LAHORE‑‑Respondent |
Q1: What are the key laws and sections cited in 1987 PLP 1502 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 1502 (CLC)?
The case was heard and decided by the Lahore ` bench comprising: Falak Sher, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1502 (CLC) (FAZAL HUSSAIN‑‑Petitioner Versus DEPUTY DIRECTOR, ADMINISTRATION AND HOUSING MANAGEMENT, KOT LAKHPAT HOUSING PROJECT, LAHORE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Muhammad Rafiq Chauhan for Petitioner.
Headnotes / Summary
Constitution of Pakistan (1973)‑ ‑‑‑Art. 199‑‑Constitutional petition‑‑Petition conceived out of malice and extraneous considerations, coupled with the fact that material and relevant facts were deliberately concealed by petitioner from the Court‑‑Conduct of petitioner, held, would not merit any intervention in constitutional jurisdiction‑‑Petition dismissed in limine.
Judgment & Decree
Petitioner has instituted this petition in the nature of quo warranto questioning as to under what lawful authority, respondent No.l is holding the present post. Report was called for in this behalf, which has been perused. The motivating impetus of this writ petition is the controversy which culminated in W.P. No. 4611 of 1986; consequently the facts divulged in that petition have necessary bearing on the merits of this petition, thus inevitably needs reference. Briefly stated the facts are that petitioner was serving under respondent No.l as Junior Clerk. It transpires that he was a non‑willing worker, preferred to remain absent from duty on one pretext or the other; and despite of the asking of respondent No.l, he failed to mend his ways. Resultantly, respondent No.l, in the interest of discipline came to the conclusion that petitioner should be withdrawn from his office; thus he passed an order dated 8‑10‑1986 whereby he was relieved and directed to report for duty in the office of Director Housing and Physical Planning, Circle Lahore. Petitioner questioned respondent's competence to pass such an order in W.P. No. 4611, and simultaneously instituted the present petition. It is relevant to mention that the above referred writ petition has become infructuous, in view of the order passed by the Director, Housing and Physical Planning, Circle, Lahore, transferring petitioner to the Circle Office. All these material and relevant facts have been deliberately concealed by the petitioner in this writ petition. This concealment is a proven instance of deliberation, because in the affidavit attached the writ petition, the petitioner has chosen not to use the expression "Nothing has been concealed from the Court". This petition has been conceived out of malice and extraneous considerations, coupled with the fact that material and relevant facts have been deliberately concealed by the petitioner from this Court; therefore, his conduct does not merit any intervention in this constitutional jurisdiction, accordingly this writ petition is dismissed in limine. M. B. A./F‑23/L Petition dismissed.