' Through this Constitutional petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has sought for setting aside the impugned charge-sheets dated 8-7- 2000 and A 1-8-2000 respectively being illegal, coram non judice and without lawful authority.
2. The facts of the case in nutshell giving rise to this Constitutional petition are that the petitioner was appointed as Assistant Director in the Multan Development Authority on 12-5-1988 on ad hoc basis and performed his duty honestly and diligently consequent thereupon his services were regularized. On 6-3-1997 a charge-sheet was issued to the petitioner with the allegation that "while serving as Assistant Director E&LM, Multan Development Authority, the petitioner in collusion with Director E&LM and ex-allottee arranged exchange of Plot No,1-155 (3 Marlas) with Plot No,744-A without placing the case before the Allocation Committee constituted by the Governing Body of Multan Development Authority or Director General, Multan Development Authority for approval". The petitioner replied the same. Consequently' the Director General/Authorized Officer came to the conclusion that the petitioner was not involved in the irregular exchange of plots. Thereafter again on 20-4-1998 a show-cause notice was issued to the petitioner on the same allegations to which the petitioner replied that he has already been exonerated of the charges levelled against him and was recommended by the Authorized Officer to exonerate the petitioner. After a period of two years on 8-7-2000 the petitioner was again in receipt of charge-sheet on the same allegations to which he reiterated its earlier defence. Subsequently, on 1-8-2000 respondent No,2 on his own motion levelled fresh allegations against the petitioner to this effect that he while serving as Assistant Director, Multan Development Authority, in collusion with Director E&LM and Ex-bidder arranged for restoration of Plot No, H-10 against the Government auction policy and issued charge-sheets to the petitioner, hence this Constitutional petition.
3. Learned counsel for the petitioner vehemently argued that the impugned charge-sheets dated 8-7-2000 and 1-8-2000, issued by respondent No,1 are illegal, mala fide and of no legal effect qua the rights of the petitioner and the same are liable to be set aside.
4. On the contrary the learned counsel for the respondents strongly repelled the contentions raised by learned counsel for the petitioner contending that the instant Constitutional petition is without merits which is liable to be dismissed.
5. Arguments heard. Record perused.
6. It evinces from record that the petitioner being Assistant Director, Multan Development Authority, on 6-3-1997 was issued charge-sheet. On reply submitted by him the Authorized Officer i,e, Director General, exonerated the petitioner from the charges while observing that he was not involved in the irregular exchange of plots. The learned counsel for the petitioner urged and rightly so that in view of the relevant provisions of Article 13 of the Constitution of Islamic Republic of Pakistan, 1973, respondent No,1 was not competent to again issue show-cause notice on 20-4-1998 on the same allegation levelled against him and it was recommended by the Authorized Officer to exonerate the petitioner as such no person can be prosecuted or punished twice. The learned counsel for the petitioner further went on arguing that the petitioner had already stand exonerated by virtue of earlier inquiries. Moreover the order of the then Director General/ competent authority still holds the field as such the same had not been challenged by the respondents and the same has attained finality, therefore, charge-sheets dated 8-7-2000 and 1-8-2000 for the purpose of initiating inquiry on the same allegation do not stand in the eye of law.
7. Consequently the impugned charge-sheets on the face of it are tainted with mala fides and coram non judice and are liable to be set aside.
8. Resultantly, the instant petition is allowed and the impugned charge-sheets dated 8-7-2000 and 1-8-2000 being illegal, without lawful authority and of no legal effect qua the rights of the petitioner are hereby quashed.