| Case ID |
3715572a-cd28-426a-a00e-fe6cb33937ee |
| Body |
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| Case Number |
Writ Petition No.26319 of 2012 |
| Decision Date |
Oct 19, 2012 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition filed by the petitioner, Muhammad Rauf Patwari, as premature. The petitioner was accused of making a wrong entry in the 'Khasra Girdawari' and had been directed by the competent authority to submit a written defense in response to an inquiry initiated against him. The court held that no final order had been passed against the petitioner, and thus the petition was not maintainable under Article 199 of the Constitution. The decision emphasized that a constitutional petition cannot be filed against the initiation of an inquiry or the issuance of a notice to submit a reply, as established in previous rulings. The court cited relevant case law to support its conclusion, reaffirming the principle that a mere notice does not warrant a writ. |
| Summary |
This case involves the dismissal of a constitutional petition by Muhammad Rauf Patwari against the initiation of an inquiry under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006. The petitioner was accused of making a false entry in the land record, which led to an inquiry where he was required to submit a written defense. The Lahore High Court ruled that the petition was premature as no final decision had been made against the petitioner, aligning with judicial precedents that dictate the maintainability of such petitions. The court's decision underscores the importance of allowing administrative processes to conclude before judicial intervention is sought, particularly in matters concerning civil service inquiries. This ruling has implications for future cases regarding the procedural rights of civil servants facing inquiries, highlighting the balance between accountability and the protection of individual rights within the administrative framework. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAWAR ALI, J
|
| Lawyers |
Muhammad Akhtar Sherani
|
| Petitioners |
MUHAMMAD RAUF PATWARI
|
| Respondents |
6 others,
DISTRICT COLLECTOR/DCO, TOBA TEK SINGH
|
| Citations |
2014 SLD 1268 = 2014 PLC 386
|
| Other Citations |
Muhammad Akhtar Sherani and 35 others v. The Punjab Textbook Board, Lahore and 4 others 2001 PLC (C.S.) 939,
Virasat Ullah v. Bashir Ahmad Settlement Commissioner (Industries) and another 1969 SCMR 154
|
| Laws Involved |
Punjab Employees Efficiency, Discipline and Accountability Act,
Constitution of Pakistan
|
| Sections |
5(b),
9(d),
199
|