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Official Citation: 2012 PLC(CS) 1043
Court / Jurisdiction: LAHORE-HIGH-COURT-LAHORE
Parties: JAVAID IQBAL NASIR vs MANAGING DIRECTOR, PEPCOHonorable Justice Mian Shahid IqbalCh. Muhammad Naveed Shabbir Goraya,Mushtaq Masood
This judicial decision was delivered by the LAHORE-HIGH-COURT-LAHORE. The matter involves proceedings between JAVAID IQBAL NASIR and MANAGING DIRECTOR, PEPCOHonorable Justice Mian Shahid IqbalCh. Muhammad Naveed Shabbir Goraya,Mushtaq Masood, officially reported as 2012 PLC(CS) 1043. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.
2012 P L C (C.S.) 1043
[Lahore High Court]
Before Mian Shahid Iqbal, J
JAVAID IQBAL NASIR
Versus
MANAGING DIRECTOR, PEPCO, and 2 others
Writ Petition No.4548 of 2010, decided on 19th March, 2010.
Constitution of Pakistan---
----Art. 199---Constitutional petition---Civil service---Promotion---Anonymous complaint---Effect on promotion---Inquiry was pending against the petitioner on basis of an anonymous complaint---Neither any show-cause notice was served on the petitioner nor he was associated with the inquiry---Authorities were bound by their office order, in which it was specifically provided, "that no action was required on the basis of anonymous complaint"---More over promotion of a civil servant could not be withheld due to some pending departmental inquiry---Constitutional petition was accepted with the direction to the department to decide the case of the petitioner for promotion solely on merits and rules without being influenced or taking into consideration the pending inquiry against the petitioner.
Muhammad Ayaz Khan v. Government of Sindh and others PLC 2007 (C.S.) 716 rel.
Ch. Muhammad Naveed Shabbir Goraya for Petitioner.
Mushtaq Masood for Respondents.
Dr. Syed Zahid Bukhari, Standing Counsel.
Amir Yasin, Deputy Director Rural Electrifiction in person.
ORDER
MIAN SHAHID IQBAL, J.--- Brief facts of the case are that petitioner joined WAPDA as Assistant Budget Officer on 12-1-1985 and promoted as Budget and Accounts Officer on 10-10-1993. Thereafter petitioner came to know that an inquiry is pending against him before respondent No.1/General Manager (M&S) PEPCO, WAPDA House, Lahore. On 2-12-2009 the petitioner moved an application before respondent No.1. He also filed another application on 1-3-2010 before respondent No.2 but the petitioner was not served with any show cause notice regarding the pending inquiry nor has been associated with the said inquiry.
2. Learned counsel for the petitioner submits that there is an anonymous complaint pending against him, which the department could not entertain and proceed. Reliance is placed on Muhammad Ayaz Khan v. Government of Sindh and others, (PLC 2007 (C.S.) 716).
3. Learned counsel for the respondent who has entered appearance has submitted that he has no instructions except to enter appearance along with their departmental representative who was also unable to admit or rebut the stance taken by the petitioner.
4. Heaving heard the learned counsel for the parties and having gone through the record I feel inclined to decide the matter thereby holding that the respondents are bound by their Office Order No.C/30(Coord)6(3)A/ Vol.V/21984-22584 dated 30th June, 1980, in which it is specifically provided "that no action is required on the basis of anonymous complaint". Moreover it is settled law on which learned counsel for the petitioner relied, in which it has so been held that promotion of a civil servant cannot be withheld due to some pending departmental inquiry. As the facts of the case are that anonymous complaint has been made and the time in this regard is very important when the case of the present petitioner for promotion has to be decided on 20th March, 2007. In this view of the matter, this writ petition is accepted with the direction to the respondents/department to decide the case of the petitioner for promotion solely on merits and rules without being influenced and taking into consideration the pending inquiry against him. With this observation this writ petition is disposed of.
H.B.T./J-7/L Petition accepted.