The petitioner, Naeem Tariq, through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has called in question the Order No, 1686-89/PA dated 20.2.2013 passed by the District Police Officer, Nankana Sahib, whereby Ghulam Rasool, Sub Inspector has been exonerated from the charges.
2. The petitioner filed an application before the Regional Police Officer, Sheikhupura Range (Respondent No, 1) for initiation of departmental disciplinary proceedings against Ghulam Rasool, Sub Inspector. Pursuant to above said application the disciplinary proceedings were initiated against Ghulam Rasool, S.I. under the provisions of the Punjab Police (Efficiency & Discipline) Rules, 1975. After holding regular inquiry, the District Police Officer, Nankana Sahib vide Order No, 1686- 89/PA dated 20.2.2013 exonerated Ghulam Rasool, Sub Inspector from the charges. Hence this petition.
3. At the outset of hearing, I asked the learned counsel about the locus-standi of the petitioner to file the instant petition against the order dated 20.2.2013 whereby Ghulam Rasool, Sub Inspector has been exonerated from the charges. In response to the query, he submitted that being a complainant of the disciplinary proceedings, the petitioner has a right to assail the legality of the impugned order before this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.
4. I am afraid the contention raised by the learned counsel for the petitioner has no force. Although the departmental disciplinary proceedings were initiated against Ghulam Rasool, Sub Inspector on the complaint of the petitioner, yet he has no right to file the instant petition before this Court for assailing the legality of the impugned order dated. 20.2.2013. The order in the nature of mandamus may be issued: (i) in favour of a person who establishes a legal right in himself; and, (ii) against a person who has a legal duty to perform but has failed and/or neglected to do so. In this regard guidance may be had from the judgment rendered by the Hon'ble Supreme Court of Pakistan In the case of Hafiz Hamd Ullah versus Saif Ullah Khan and other' (PLD 2007 SC 52). The legal right is one which flows from a statute. In the instant case, the departmental proceedings were initiated against Ghulam Rasool, Sub Inspector, under the provisions of Punjab Police (Efficiency & Discipline) Rules, 1975 which do not confer any right on the complainant to assail the legality of any order passed by the Competent Authority. The purpose of disciplinary proceedings is to examine the desirability of a civil servant to continue in service and, thus, any order passed in pursuance thereof does not injure the rights of complainant.
5. The petitioner has no locus standi to file the petition, therefore, the same is dismissed in limine.