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Petitioner: ZARINA KAUSAR VS Respondent: DEPUTY DISTRICT EDUCATION OFFICER (W), SAHIWAL
1999 P L C (C
1999 P L C (C.S.) 800
[Lahore High Court]
Before Syed Jamshed Ali, J
Mst: ZARINA KAUSAR
Versus
DEPUTY DISTRICT EDUCATION OFFICER (W) SAHIWAL
Writ Petition No. 9291 of 1998, decided on 9th October, 1998.
Constitution of Pakistan (1973)‑‑‑
‑‑‑‑Art. 199‑‑‑Constitutional petition‑‑‑Civil service‑‑‑Authority had given undertaking that no action would be taken against petitioners/civil servants on basis of report of Pakistan Army which was being considered as a survey report; that no ex pane action would be taken against any of petitioners/civil servants that in case in which any incriminating evidence was available against any civil servant, action would be taken after fulfilling necessary formalities as required by law including show‑cause notice and personal hearing and that till the time petitioners/civil servants continued in service and action against them was not finalized; salary due to them would not be stopped‑‑‑Petitioners/civil servants having satisfied themselves with undertaking given by Authority, Constitutional petition was disposed of accordingly.
Tariq Muhammad Iqbal for Petitioner.
Khadim Nadim Malik, Addl. A.‑G. (on Court's call).
ORDER
A number of identical writ petitions raising the same question have been disposed of by the Division Bench of this Court on 6‑10‑1998.
2. Learned Additional Advocate‑General submits that‑‑
(i) no action will be taken against the civil servants serving in Education Department solely on the basis of the report of Pakistan Army which is being considered as a survey report;
(ii) no ex pane action will be taken against any of the employee. In case in which any incriminating evidence is available against an employee, action will be taken after fulfilling necessary formalities as required by law including show‑cause notices and personal hearing;
(iii) till such time the employee continue in the service of Education Department and action against them is not finalised, the salary due to them shall not be stopped.
This satisfies the learned counsel for the petitioner. The petition is accordingly disposed of as not pressed in view of the undertaking given by the learned Additional Advocate‑General.
H.B.T./Z‑61/L Order accordingly.