Full Judgment Text & Judicial Ruling

1989 P L C (C

1989 P L C (C.S.) 39

[Lahore High Court]

Before Muhammad Sharif, J

MUHAMMAD ASLAM JAVED

Versus

DIVISIONAL SUPERINTENDENT, PAKISTAN RAILWAY, SUKKUR and 2 others

Writ Petition No. 8 of 1988/BWP, heard on 29th October, 1988.

Constitution of Pakistan (1973)‑‑

‑‑‑Art. 199‑‑Constitutional jurisdiction‑‑Petitioner's suspension from service‑ Suspension period neither extended after three months nor approval of competent authority obtained for such suspension‑‑Order of suspension being illegal was set aside in Constitutional jurisdiction and Authorities were directed to re‑instate petitioner in service.

Muhammad Akbar for Petitioner.

Shamsher Iqbal Chughtai for Respondents.

Date of hearing: 29th October, 1988.

JUDGMENT

According to the learned counsel for the respondents, various criminal cases are pending against Muhammad Aslam Javaid, a Railway Guard, who is the petitioner m this writ petition. He was suspended from service firstly in the year 1983. He obtained a restraint order against his suspension but was unsuccessful in his suit. The petitioner has been suspended with effect from 26‑11‑1987 and his period of suspension has not been extended with the approval of the higher Authority. The same order has been assailed in this writ petition.

2. The suspension order dated 26‑I1‑1987, which is Annexure (A), is reproduced for the facility of reference: ‑‑

"In compliance with the prosecution sanction order of the Ministry of Interior, Islamabad, in F.I.R. No. 24/79, RPS/Sibi, Mr. Muhammad Aslam Javed, Guard, KPR is placed under suspension with immediate effect. Show‑cause notice will follow:

He will draw 1/2 pay as subsistance grant during suspension. His date of suspension be advised to this office in time.

This has the approval of competent Authority."

3. The comments have been offered by the respondents in which they have raised a plea that a case is pending against the petitioner in the Court of learned Special Judge Anti‑Corruption, Quetta. The case was procrastinated to know whether any case was pending against the petitioner and it was found that no case was pending against him at Quetta. The cardinal point urged by the petitioner is that the suspension order was not extended after the period of three months and no approval of the Ministry of Interior has been obtained. The learned counsel for the respondents is also not equipped with any document to show that the suspension order of the petitioner dated 26‑11‑1987 has been extended after a period of three months or that necessary approval has been accorded regarding the petitioner's suspension from service.

4. In the circumstances, the order of suspension of the petitioner is illegal after 25‑2‑1988. The writ petition succeeds with costs. The respondents are directed to re‑instate the petitioner in service immediately.

AA./M‑961/L Petition accepted.

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