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Petitioner: KHAWAR VS Respondent: GOVERNMENT OF PUNJAB
2002 P L C (C
2002 P L C (C.S.) 1558
[Lahore High Court]
Before Ch. Ijaz Ahmad, J
KHAWAR
Versus
GOVERNMENT OF PUNJAB
Writ Petition No. 10556 of 2001, decided on 13th June, 2001
Constitution of Pakistan (1973)‑‑‑
‑‑‑‑Art.199‑‑‑Civil service‑‑‑Constitutional petition ‑‑‑Maintainability‑‑ Petitioner a civil servant being aggrieved with his transfer order had already filed Constitutional petition which was pending before High Court, next date of hearing was fixed‑‑‑Petitioner in the present Constitutional petition had challenged notice issued to him by the Authority‑‑‑Constitutional petition was not maintainable against such notice‑‑‑Petitioner was well within his right to file reply of notice by taking all legal and factual objections.
Shaugufta Begum's case PLD 1989 SC 360 ref.
Ijaz Ahmed Awan for Petitioner.
ORDER
The petitioner has challenged the vires of the order of the respondents dated 31‑5‑2001 through this Constitutional Petition. Learned counsel for the petitioner submits that petitioner was transferred from this College under the direction of the Army Monitoring Cell. Petitioner being aggrieved with the transfer order had already filed Writ Petition No. 10074 of 2001 before this Court in which next date of hearing is fixed for 20‑6‑2001. He further submits that impugned order is dependent upon the transfer order. He further submits that respondents issued notice to the petitioner without any justification. He further urged that impugned order is result of mala fides and the respondents exercised the power in discriminatory manner which is termed as mala fide.
2. I have given my anxious consideration to the contentions of the learned counsel for the petitioner and perused the record myself. It is settled principle of law that writ petition is not maintainable against the notice as per principle laid down by the Hon'ble Supreme Court in Shugufta Begum's case (PLD 1989 SC 360). Petitioner is well within hik right to file reply of the notice by taking all legal and factual objections. Petitioner is directed to appear before Section Officer, Government of Punjab, Education Department on 16‑6‑2001 alongwith reply who is directed to proceed in the matter after perusing the reply of the petitioner and then proceed in the matter within the para‑meters prescribed by the Hon'ble Supreme Court in the aforesaid case. Respondents are restrained to take any action against the petitioner till 16‑7‑2001. Learned counsel for the petitioner is directed to hand over a copy of the writ petition alongwith all the Annexures to Mr. Akhtar Hussain Aware, Addl. A.‑G. who is directed to send the same to Section Officer Education Department for necessary action and compliance. He is further directed to send copy of the writ petition alongwith all the annexures to respondents Nos. l and 2 who are directed to look into the matter that what is happening in their Department that Teachers and Professors are fighting with each other like ordinary citizen.
Disposed of with the observation.
H.B.T./K‑144/L Order accordingly.