| Case ID |
10f04fe9-0e31-4c0a-80cc-fd238b1cbc73 |
| Body |
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| Case Number |
Writ Petitions Nos. 19330, 19613 to 19616, 20545 a |
| Decision Date |
Dec 23, 2014 |
| Hearing Date |
Nov 28, 2014 |
| Decision |
The Lahore High Court dismissed the constitutional petitions filed by the petitioners, who were Assistant District Public Prosecutors (ADPPs). The court found that the Secretary of the Prosecution Department had the authority to issue transfer orders, contrary to the petitioners' claim that only the Prosecutor General had such authority. The court clarified that under the Punjab Criminal Prosecution Service Act, 2006, the Secretary is the competent authority for transfers of ADPPs. The court distinguished the current case from a previous Supreme Court ruling, noting that the applicable laws and rules differed significantly. Consequently, the petitioners' reliance on the earlier judgment was deemed misplaced. The ruling reinforced the structural hierarchy and administrative powers within the prosecution service, affirming that the Secretary Prosecution Department holds the appointing authority for the transfers in question. |
| Summary |
This case revolves around the authority of transfer orders within the Punjab Criminal Prosecution Service. The petitioners, all Assistant District Public Prosecutors, contested the legality of their transfers ordered by the Secretary of the Prosecution Department, asserting that only the Prosecutor General could issue such orders. The Lahore High Court, however, upheld the Secretary's authority, emphasizing the legal framework established by the Punjab Criminal Prosecution Service Act, 2006, and the associated rules. The court's decision clarified the roles of different authorities within the prosecution service, distinguishing this case from a prior ruling involving the Sindh Criminal Prosecution Service. The outcome highlighted the importance of understanding the administrative structure and the legal powers vested in various officials, ultimately reaffirming the legitimacy of the Secretary's actions in transferring the petitioners. This ruling is significant for public servants within the prosecution system and may influence future cases regarding administrative authority and transfer procedures. |
| Court |
Lahore High Court
|
| Entities Involved |
GOVERNMENT OF PUNJAB,
Secretary Ministry of Law and Parliamentary Affairs
|
| Judges |
MRS. AYESHA A. MALIK, J
|
| Lawyers |
Muhammad Umer Riaz,
Saqib Haroon Chishti,
Zubair Afzal Rana,
Sheikh Muhammad Siddiq-II
|
| Petitioners |
Abid Iqbal Hafiz,
MUZAFFAR ALI ANJUM,
Ruqqaiya Mustafa,
Zulfiquar-ul-Haq,
Fehmida Hayat,
Rahila Shahid,
Sh. Muhammad Nauman Siddiq
|
| Respondents |
GOVERNMENT OF PUNJAB through Secretary Ministry of Law and Parliamentary Affairs, Lahore,
Syed Nayyar Abbas Rizvi, Addl. A.G.,
Syed Ehtesham Qadir, Prosecutor-General,
Abdul Samad, Addl. Prosecutor-General,
Muhammad Mumtaz Dogar, Additional Secretary,
Rana Shaukat Ali Law Officer
|
| Citations |
2015 SLD 3050,
2015 PLC 986
|
| Other Citations |
2012 SCMR 307
|
| Laws Involved |
Punjab Criminal Prosecution Service (Conditions of Service) Rules, 2007,
Constitution of Pakistan
|
| Sections |
R. 7,
Art. 199
|