| Case ID |
0a907add-419e-440e-baa1-837d8dd12c81 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.53541 of 2021 |
| Decision Date |
Sep 08, 2021 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Sabira Khatoon against the inquiry and show-cause notice issued regarding her appointment as an Elementary School Teacher. The court held that the inquiry was not an adverse order and did not preclude the possibility of a favorable outcome for the petitioner. The court ruled that the petition was premature as it challenged an intermediate action in the disciplinary proceedings, which were part of her terms and conditions of service. The court emphasized the importance of the ripeness doctrine, stating that judicial review should only be invoked when a matter is sufficiently developed for adjudication. The court clarified that Article 212 of the Constitution barred its jurisdiction in matters concerning disciplinary proceedings against civil servants, thus directing the petitioner to pursue remedies before the appropriate administrative tribunal. |
| Summary |
In the case of Sabira Khatoon vs. Government of the Punjab, the Lahore High Court dealt with the constitutional petition challenging the inquiry and show-cause notice related to the alleged bogus appointment of the petitioner as an Elementary School Teacher. The court highlighted the constitutional jurisdiction under Article 199 and the principles of ripeness, asserting that judicial review is a legal audit of public bodies' decisions. The court concluded that the inquiry was not a final order and that the petitioner should first exhaust the administrative remedies available to her. The ruling reinforced the distinction between administrative inquiries and adverse orders, emphasizing the court's limited jurisdiction in disciplinary matters under Article 212 of the Constitution. This decision is significant in understanding the boundaries of judicial review concerning administrative actions and the procedural requirements for civil servants facing disciplinary proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Saleem Sheikh, J
|
| Lawyers |
Malik Saleem Iqbal Awan,
Zafar Hussain Ahmad
|
| Petitioners |
Sabira Khatoon
|
| Respondents |
others,
Government of the Punjab
|
| Citations |
2021 SLD 2893 = 2021 PLC 1600
|
| Other Citations |
Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290,
The State v. Zia-ur-Rahman and others PLD 1973 SC 49,
Khalil-ur-Rehman and others v. Government of Pakistan and others PLD 1981 Kar. 750,
Muzaffar Hussain v. The Superintendent of Police, District Sialkot 2002 PLC (C.S.) 442,
Peer Muhammad v. Government of Balochistan through Chief Secretary and others 2007 SCMR 54,
Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508,
Tahir Jamil Butt v. Mian Jehangir Pervez and another 1999 SCMR 2779
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|