Full Judgment Text & Judicial Ruling

2008 P L C (C

2008 P L C (C.S.) 667

[Lahore High Court]

Before Maulvi Anwarul Haq, J

ASAD ILYAS

Versus

BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LAHORE, through Chairman and another

Writ Petition No.5589 of 2005, heard on 20th February, 2008.

Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---

----R. 4(1)(b)(v)---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan (1973), Art.199---Constitutional petition---Dismissal from service---Appeal to Service Tribunal was disposed of with direction that appeal be filed before Controlling Authority, which was so filed which remained pending for about four years---Petitioner filed application for early hearing of said appeal and petitioner after about six months was informed by a non-speaking order that his request for early hearing of appeal was considered and rejected which was shocking that 5 years after filing of appeal, matter was dealt with in such unceremonious manner---Whether information was being provided regarding the appeal or said request for early hearing was not made clear by the authorities---Petitioner had not approached High Court for enforcement of and term and condition of his service, but for enforcing performance of duties enjoined upon the authorities as public functionaries---Petitioner had all rights to have the case decided by means of speaking order containing reasons for the same---Allowing petition, authorities were directed to take up said appeal and after considering the same to decide it in accordance with law by means of a speaking order within specified period.

Malik Noor Muhammad Awan and Muhammad Arshad Malik for Petitioner.

Sh. Shahid Waheed for Respondents.

Date of hearing: 20th February, 2008.

JUDGMENT

MAULVI ANWARUL HAQ, J.---Reference to detailed facts for the purpose of this order would not be necessary. Suffice it to say that feeling aggrieved of order, dated 21-6-1999 imposing major penalty of dismissal from service, the petitioner filed an appeal before the learned Punjab Service Tribunal. It was disposed of on 11-4-2000 with the direction that appeal be filed before the Secretary Education (Punjab), the Controlling Authority. An appeal was so filed on 5-6-2000 (Annexure "J"). It remained pending. On 8-7-2004 the petitioner filed an application for early hearing of the appeal. By means of letter, dated 19-1-2005 (Annexure "K"), he was informed that his request has been considered and filed.

2. Learned counsel for the petitioner contends that the order is non-speaking and sans any reason. Learned counsel for the respondents has argued that the petitioner's services with the respondents are not governed by any statutory provision and writ petition is not maintainable.

2-A. I have examined this file. As noted by me above, the appeal was filed in the year 2000. On 8-7-2004 an application was filed requesting early hearing of the said appeal. The impugned letter, dated 19-1-2005 was issued. I may note here that subject is stated to be said request for early disposal of the appeal filed by the petitioner and then addressor informs the petitioner that his request has been considered and filed. To my mind, the said communication certainly is non-speaking. It is rather shocking that 5 years after filing of appeal, the matter was dealt with in such unceremonious manner. In fact it is not even clear whether information is being provided regarding the appeal or said request for early hearing.

3. So far as the said contention of the learned counsel for the respondent is concerned, the petitioner has not approached this Court for enforcement of any terms and conditions of his service but for enforcing performance of duties enjoined upon the respondents as public functionaries. The petitioner has all the right to have the case decided by means of speaking order containing reasons for the same. Writ petition is accordingly allowed and respondent No.2 is directed to take up the said appeal and after considering the same to decide it in accordance with law by means of a speaking order stating reasons and to be conveyed to the petitioner preferably within 10 weeks of the receipt of a copy of this order. No order as to costs.

A copy of this order be immediately remitted to the said respondent No.2.

H.B.T./A-264/L Order accordingly.

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