Functions and jurisdiction

2016 PLD 173 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

R, 17 & Second Sched.Co-operative Societies Act (VII of 1925), Ss. 43 to 44-EConstitution of Pakistan, Art. 139(3)Chief Minister's Inspection Team (CMIT)Functions and jurisdictionDeterminationDistribution of business among departmentsInquiry by Registrar of Cooperative SocietiesInspection of books of indebted societyPowers of Registrar in course of inspection or inquirySpecial measuresConduct of business of Provincial Government

Jurisdiction of Chief Minister's Inspection Team with regard to private complaint for which remedy is available under a statute

Respondent filed application against petitioner Cooperative Society before Chief Minister, levelling allegations of fraud and corruption against the Society and its management, in response to which, Chairman, Chief Minister's Inspection Team (CMIT) issued letter to Member of CMIT to conduct inquiry into the allegations and submit his report

Petitioner contended that CMIT had no jurisdiction to conduct any such parallel inquiry, as the jurisdiction was vested with District Officer (Cooperative), who, having conducted inquiries on all such allegations, had already decided several similar complaints of the same respondent

Validity

Chief Minister's Inspection Team was an independent department, whose basic function was to inspect government departments and government officers to ensure that they were doing their duties and functions efficiently and expeditiously

CMIT had jurisdiction to inspect a department, in case the department or an officer was delaying matters or not doing their work

CMIT was to bring important matters related to functioning of government departments and officers to the notice of Chief Minister for his consideration and necessary orders

CMIT could entertain complaints pertaining to discharge of duties by a department or an officer, and after obtaining necessary orders, could require the department or officer to carry out its functions efficiently and expeditiously

CMIT was strictly required to ensure good governance from Provincial Government department and officers and could carry out special assignments related to the working of the departments and officers on instructions of Chief Minister

Punjab Government Rules of Business, 2011, therefore, required CMIT to maintain close liaison with Anti- Corruption Department to ensure good governance from its departments and officers

Punjab Government Rules of Business, 2011 did not permit CMIT to assume investigative power on a private complaint, where a forum and specific authority for the same was provided under a statute

Sections 43 to 44-E of Co-operative Societies Act, 1925 gave specific powers to Registrar Cooperative Department to conduct inquires and inspect books of any Cooperative Society

Section 44-E of Co-operative Societies Act, 1925 gave the Registrar special powers for adopting special measures

CMIT was not an additional or alternate forum for private complaints such as that of present respondent

High Court set aside the impugned letter for being against the mandate of Punjab Government Rules of Business, 2011

Constitutional petition was accepted in circumstances.