2006 PLP (C (PLC(CS))
Mst. IMTIAZ BIBI Versus PRESIDENT OF PAKISTAN through Section Officer and another
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Syed Zahid Hussain, J |
| Parties | Mst. IMTIAZ BIBI Versus PRESIDENT OF PAKISTAN through Section Officer and another |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 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 2006 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Syed Zahid Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP (C (PLC(CS)) (Mst. IMTIAZ BIBI Versus PRESIDENT OF PAKISTAN through Section Officer and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioner.
Headnotes / Summary
Art. 199
Constitutional petition
Departmental penalty
Departmental penalty imposed upon deceased civil servant i.e. husband of the petitioner had remained intact as same was never challenged and acquittal of deceased civil servant from criminal case, would not automatically obliterate the same
In so far as grievance of petitioner that impugned order passed by authorities was without hearing, was concerned, counsel for authorities had relied upon judgment of Supreme Court reported as 2006 SCMR 382 to contend that hearing was not necessary, if order passed contained reasons for acceptance of representation after considering comments/reply, no fault could be attributed to the same
Legal position stated by Supreme Court would bind everyone including High Court and was to be honoured--Constitutional petition was dismissed. Federation of Pakistan through Secretary Education, Islamabad v. Professor Dr. Anwar and 2 others 2006 SCMR 382 ref. Dr. Danishwar Malik, Dy. A.-G. for Pakistan. Umar Sharif, Standing Counsel for Pakistan Railways.
Judgment & Decree
SYED ZAHID HUSSAIN, J.
A complaint filed by the petitioner before the Wafaqi Mohtasib, was accepted on 4-9-2004 with certain recommendations. Qua the same, a representation under Article 32 of President Order No.1 of 1983 was tiled by the respondent/agency, which was accepted by respondent No.1, vide communication dated 26-5-2005. The petitioner seems to have filed a review petition before respondent No.1, which was dismissed that the same was not maintainable. This was vide communication dated 30-9-2005. These orders are sought to be assailed through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 by her. Although parawise comments have been filed by the respondents yet the petitioner is not represented. The contention of the learned Standing Counsel for Pakistan Railways has substance that the Departmental penalty imposed upon the deceased i.e. the husband of the petitioner has remained intact till date as the same was never challenged and that the acquittal from the criminal case does not automatically obliterate the same. Insofar as the grievance of the petitioner that the order passed by respondent No.1, was without hearing is concerned, he relies upon Federation of Pakistan through Secretary Education, Islamabad v. Professor Dr. Anwar and 2 others (2006 SCMR 382) to contend that the hearing was not necessary and if the order is passed which contains reasons for the acceptance of the representation after considering comments/reply, no fault can be attributed to the same. The legal position stated by the Hon'ble Supreme Court of Pakistan binds everyone including this court and is to be honoured. In such view of the matter the petition is dismissed accordingly. H.B.T./I-23/L Petition dismissed.