| Case ID |
43a15105-3961-47c2-b94c-bf71d9c6a8b0 |
| Body |
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| Case Number |
Writ Petition No. 5740 of 2018 |
| Decision Date |
Apr 19, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner, Rana Muhammad Liaqat Ali, challenging the order of suspension issued by the Deputy Commissioner of Muzaffargarh. The court held that it could not resolve factual controversies in its constitutional jurisdiction and emphasized that suspension is a temporary measure, not a punishment. The court stated that the petitioner had the right to seek remedies before departmental authorities and the Service Tribunal if a final order was passed against him. The court reiterated that piecemeal decisions were not the intention of the law and that the matter related to the terms and conditions of service of a civil servant. |
| Summary |
In the case of Writ Petition No. 5740 of 2018, the Lahore High Court addressed the constitutional petition filed by Rana Muhammad Liaqat Ali against the Deputy Commissioner of Muzaffargarh regarding his suspension from service. The court highlighted that the petitioner was a civil servant and that his suspension was based on allegations of wilful absence from duty. The court clarified that it could not engage in factual determinations while exercising its constitutional jurisdiction. The court emphasized that the suspension should not be viewed as a punishment, as the petitioner would continue to receive his emoluments during this period. The decision reinforced the legal principle that any final orders regarding the petitioner's status would be subject to further review by departmental authorities or the Service Tribunal. The court's ruling was grounded in the provisions of the Constitution of Pakistan and relevant laws governing public service. This case underscores the importance of adhering to procedural fairness in public service matters and the limitations of judicial review in administrative decisions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUZAMIL AKHTAR SHABIR,
MIAN ZAFAR HAIDER
|
| Lawyers |
Not available
|
| Petitioners |
Rana Muhammad Liaqat Ali
|
| Respondents |
DEPUTY COMMISSIONER AND OTHERS
|
| Citations |
2019 SLD 1418,
2019 PLC 658
|
| Other Citations |
Government of N.W.F.P. v. I.A. Sherwani PLD 1994 SC 72,
Khawaia Wajid Ali v. District Coordination Officer and another 2017 PLC (C.S.) 749,
Mrs. Shah Jahan, Headmistress, Government Girls Elementary School, Pindi Bhattian v. Khushnood Akhtar Lashari, Education Secretary, Punjab, Lahore 2003 PLC (C.S.) 1416
|
| Laws Involved |
Constitution of Pakistan, 1973,
Punjab Employees Efficiency, Discipline and Accountability Act, 2006
|
| Sections |
199,
212
|