| Case ID |
10762ca4-f3b8-4e9c-884b-79e87dc7a7e8 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 6325 of 2003 |
| Decision Date |
Dec 24, 2003 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petition, declaring the Revenue Minister's direction for the transfer of the inquiry and the Board of Revenue's order dated 3.3.2003 as without lawful authority and of no legal effect. The application made to the Minister by Respondent No. 3 was treated as a representation, and the Board of Revenue was instructed to reconsider the jurisdiction regarding the transfer of the inquiry under the Punjab Removal from Service (Special Powers) Ordinance No. IV, 2000. The decision emphasized that the Minister had no authority to direct such transfers and that the inquiry must be conducted without influence from any political considerations. |
| Summary |
This case revolves around the disciplinary proceedings against a Patwari, Respondent No. 3, accused of fraud and forgery in land revenue records. The petitioner, Muhammad Saleem, filed a constitutional petition challenging the legality of the inquiry transfer ordered by the Revenue Minister. The Lahore High Court's judgment underscored the importance of lawful authority in administrative actions, clarifying that the Minister's involvement was improper. The court mandated that the inquiry be reassessed without political influence, ensuring adherence to the established rules governing civil servants. This decision is significant in reinforcing the principles of administrative justice and the rule of law in Punjab's civil service framework, emphasizing the need for independent decision-making devoid of external pressures. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Syed Jamshed Ali
|
| Lawyers |
Ch. M.S. Shad,
Mr. Aamir Rehman,
Malik Noor Muhammad Awan
|
| Petitioners |
MUHAMMAD SALEEM
|
| Respondents |
,
DEPUTY DISTRICT OFFICER (REVENUE) CITY FAISALABAD,
Malik Noor Muhammad Awan
|
| Citations |
2004 SLD 3557,
2004 PLJ 1555
|
| Other Citations |
S.C. 530 rel.,
PLD 1995 SC 530
|
| Laws Involved |
Punjab Civil Servants (Efficiency and Discipline) Rules, 1999
|
| Sections |
20
|