Full Judgment Text & Judicial Ruling

2006 P L C (C

2006 P L C (C.S.) 975

[Lahore]

Before Maulvi Anwarul Haq and Muhammad Jahangir Arshad, JJ

MUMTAZ ALL, DEPUTY DISTRICT OFFICER (BUILDING)

Versus

SECRETARY, COMMUNICATION AND WORKS DEPARTMENT, GOVERNMENT OF PUNJAB and another

I.C.A. No.246 in W.P. No.1896 of 2005, heard on 18th May, 2006.

Punjab Removal from Service (Special Powers) Ordinance (IV of 2000)---

----S. 3(2)---Law Reforms Ordinance (XII of 1972), S.3---Interference in matter of show-cause notice by High Court under Constitutional jurisdiction---Intra-Court appeal proceeded against judgment of Single Judge whereby constitutional petition was partly allowed, but interference in the matter of issuance of show-cause notice impugned therein was refused---Constitutional petition was filed primarily with the grievance that judgment in the matter of reinstatement and consequent benefits was not being implemented---Single Judge of High Court had granted said prayer and had directed authorities to implement judgment in letter and spirit and so far as refusal to interference in the matter of issuance of show-cause notice was concerned same was fully supported by said judgment---Validity---Held, show-cause notice would not cause a grievance and employee should wait for conclusion of proceedings.

Muzaffar Hussain v. The Superintendent of Police, District Silakot 2002 PLC (C.S.) 442 and Allah Bakhsh and others v. D.I.G. Police and others NLR 2003 UC 60 ref.

Muhammad Suleman Bhatti for Appellant.

Zafarullah Khan Khakwani, A.A.-G. for Respondent.

Tariq Javed, Dy. Director Legal (C&W) Deptt.

Date of hearing: 18th May, 2006.

JUDGMENT

MAULVI ANWARUL HAQ, J.---This I.C.A. proceeds against judgment, dated 10-10-2005 of a learned Single Judge, in Chamber of this Court whereby Writ Petition No.1896 of 2005 was partly allowed but interference in the matter of issuance of the show-cause notice impugned therein was refused.

2. Learned counsel for the appellant contends that since under the law appeal is provided only against final order to be passed, before the Service Tribunal, the writ petition against the issuance of show-cause notice in question on the ground stated in competent. The learned A.A.-G. on the other hand, cites a Full Bench judgment of this Court in the case of Muzaffar Hussain v. The Superintendent of Police, District Sialkot (2002 PLC (C.S.) 442) to urge that the writ petition against issuance of show-cause notice under the Punjab Removal from Service (Special Powers) Ordinance, 2000 is not competent. The learned A.A.-G. also brought to our notice the unreported case whereby inter alia C.P.L.A. No.3397-L/2001 was dismissed by the Hon'ble Supreme Court of Pakistan on 5-12-2001.

3. We have gone through the records of the W.P. Now earlier the appellant was proceeded against and he ultimately approached Punjab Service Tribunal. His Appeal No.1939 of 2002 was allowed vide judgment, dated 23-12-2004 and he was reinstated in service. The department sought clarification of the said judgment whereupon an order was passed on 28-4-2005. Now according to the learned A.A.-G. this order does give the impression that the department was allowed to proceed afresh against the appellant. We will not be commenting any further as we are told by all present that against this order of the Tribunal a civil petition is pending before the Hon'ble Supreme Court of Pakistan. Be that as it may, the writ petition was filed primarily with the grievance that the judgment in the matter of reinstatement and the consequent benefits is not being implemented. As noted by us above, the learned Single Judge has granted the said prayer and had directed the respondents to implement the judgment in letter and spirit. However so far as refusal to interfere in the matter of issuance of show-cause notice is concerned, the same is fully supported by the said judgment, the subject-matter whereof precisely was a show-cause notice issued under the said law. Needless to state that it has been consistent view of the superior judiciary in the country including the Hon'ble Apex Court that a show-cause notice does not cause a grievance and the employee should wait for the conclusion of proceedings. This is the precise observation of the Hon'ble Supreme Court of Pakistan in the said unreported judgment i.e. Allah Bakhsh and others. v. D.I.G. Police and others (NLR 2003 UC 60) and, of course, Full Bench of this Court. The I.C.A. accordingly is dismissed but without any orders as to costs.

H.B.T./M-360/L????????????????????????????????????????????????????????????????????????????????? Appeal dismissed.

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