| Case ID |
3cbb9ed5-0328-4eb6-8217-10898535837e |
| Body |
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| Case Number |
W.P. No. 11573 of 2018 |
| Decision Date |
Aug 15, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the writ petition filed by the Inspector of Punjab Police, challenging the legality of his compulsory retirement. The Court held that the matter fell outside its jurisdiction under Article 199 due to the existence of an alternate remedy through the Punjab Service Tribunal. It emphasized that the petitioner should first pursue this alternate remedy, as the High Court's jurisdiction is limited when a special forum is available for resolving such disputes. The decision reiterated the importance of following established legal channels before approaching the High Court, thereby promoting efficiency and reducing the burden on the judiciary. |
| Summary |
In the case of W.P. No. 11573 of 2018, the Lahore High Court addressed the complications surrounding the compulsory retirement of an Inspector from the Punjab Police. The petitioner challenged the decision, asserting that it violated the Punjab Police (E & D) Rules, 1975. The Court clarified that it lacked jurisdiction to hear such matters due to the provisions outlined in Article 212 of the Constitution of Pakistan, which delineates the authority of administrative courts and tribunals regarding service-related issues. The judges highlighted the necessity for the petitioner to explore alternate remedies available within the administrative framework before invoking the High Court's jurisdiction. This case underscores the significance of adhering to procedural requirements and the role of specialized forums in resolving employment disputes within public service. Legal practitioners must remain aware of these jurisdictional constraints to effectively represent their clients in administrative matters. Overall, the ruling reinforces the principle that courts must operate within their defined boundaries, ensuring that appropriate avenues for grievance redressal are utilized. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUJAHID MUSTAQEEM AHMED, JUSTICE,
MUHAMMAD HASSAN TAHIR
|
| Lawyers |
Mr. M. Sohail Iqbal Bhatti
|
| Petitioners |
Inspector, Punjab Police
|
| Respondents |
GOVERNMENT OF PUNJAB, SERVICES AND GENERAL ADMINISTRATION DEPARTMENT THROUGH CHIEF SECRETARY AND 4 OTHERS
|
| Citations |
2019 SLD 1022,
2019 PLJ 124
|
| Other Citations |
2015 SCMR 456,
2016 SCMR 842,
2005 SCMR 37,
2012 PLC (C.S.) 394,
2011 PLC (C.S.) 419,
PLD 1996 Lahore 672
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
212
|