| Case ID |
034f4682-826d-4774-98d8-695ba50d5384 |
| Body |
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| Case Number |
Writ Petitions Nos.12555 and 11865 of 2000 |
| Decision Date |
Oct 13, 2000 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petitions filed by the petitioners who were employees of the Punjab Text Book Board. The court held that the petitions were not maintainable against the show-cause notices issued for the termination of their services. The court noted that no adverse orders had yet been passed against the petitioners and they were merely called to show cause against the proposed actions. It emphasized that the petitioners could raise all relevant questions of law and fact before the competent authority. The court also highlighted the importance of following proper procedure in employment matters, particularly regarding the regularization of services. Ultimately, the court concluded that the petitioners should submit their responses to the show-cause notices and that the competent authority would consider their replies before making a final determination. |
| Summary |
This case revolves around the maintainability of constitutional petitions concerning show-cause notices issued to employees of the Punjab Text Book Board, Lahore. The petitioners, appointed under political orders without following the prescribed procedure, challenged the notices for their termination. The court ruled that the petitions were premature as no final order had been passed against them, allowing them to contest the notices before the competent authority. The ruling underscores the need for adherence to legal processes in employment matters, particularly in regulatory environments. The decision also brings attention to issues of political interference in public sector appointments and the significance of procedural fairness in administrative actions. Keywords such as 'constitutional petition', 'show-cause notice', 'employment law', and 'public sector regulations' are relevant in understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Punjab Text Book Board
|
| Judges |
SYED, JAMSHED ALI, J
|
| Lawyers |
Hafiz Tariq Nasim,
Maqbool Elahi Malik,
Raja Muhammad Arif
|
| Petitioners |
MUHAMMAD AKHTAR SHERANI,
35 others
|
| Respondents |
4 others,
THE PUNJAB TEXTBOOK BOARD, LAHORE
|
| Citations |
2001 SLD 1985,
2001 PLC 939
|
| Other Citations |
Chairman, Minimum Wage Board, Peshawar and another v. Fayyaz Khattak 1999 SCMR 1004,
Muhammad Yousaf v. Administrator, Municipal Committee, Mansehra and 3 others 2000 PLC (C.S.) 803,
Shagufta Begum v. The Income-tax Officer PLD 1989 SC 360,
Nazir Ahmad Sheikh v. Government of Sindh through Secretary 1998 PLC (C.S.) 607,
Shabbir Ahmad v. Director, Agriculture and others 1998 PLC (C.S.) 1213,
M. Zafar Abbas v. Commissioner and others 1999 PLC (C.S.) 931,
Mir Nabi Bakhsh Khan Khoso v. Branch Manager, National Bank of Pakistan 2000 SCMR 1017,
Munawar Khan v. Niaz Muhammad and 7 others 1993 SCMR 1287,
The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi v. Jalaluddin PLD 1992 SC 207,
Messrs Vulcan Company (Pvt.) Ltd. v. Collector of Customs and others PLD 2000 Lah. 253
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199
|