C.M. No.3 of 2015 MUHAMMAD FARRUKH IRFAN KHAN, J---Through this application the applicant Babar Hayat Tarar, Secretary Cooperatives prays for recalling order dated 04.05.2015 whereby he has been issued show-cause notice as to why he should not be proceeded against for Contempt of Court And in the meanwhile he has been restrained from performing his functions as Secretary Cooperatives, Government of the Punjab, Lahore.
2. The applicant/ Secretary is present in the Court and submits that he has realized his mistake And will not act in such a manner before Any Court in the future. He further submits that he has not committed this kind of mistake in his 24 years of unblemished service record And has assured to remain careful in the future. He has tendered his unconditional apology and placed himself at the mercy of the Court. He is reminded that this Court is a guardian of the rights of the general public under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 And has ample powers of judicial review of the acts of the Executive. This Court in normal course does not'call Secretaries or other Senior Executive Officers in the Court, however, where their presence is felt to be necessary then they are duty bound to appear in the Court. The applicant is also reminded that judiciary does not function with either Force or Will but merely on judgment. In order to dispense justice, it needs best of assistance from the legal fraternity while at times attendance of the executive becomes essential to arrive at the truth. The reply of the applicant that as he is working as a quasi judicial forum under Section 64 of the Cooperative Societies Act, 1925 as such, he is absolve4 from appearing before this Court, is entirely misconceived And fallacious.
3. Keeping in view the manner in which the unconditional apology has been tendered by the applicant/Secretary in the Court And through his affidavit dated 07.05.2015, shows his repentance And remorse in the sincerest manner And merits to be accepted. Therefore, the order dated 4.5.2015 to the above extent is recalled, however, he is warned to remain careful in the future.