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2024 PLC (C.S.) 439

Abbas Khan vs The Director General, National Database and Registration

Citation2024 PLC (C.S.) 439
CourtPeshawar High Court
Case No.Writ Petition No.2513-P of 2022
Date2022-08-12
Judge(s)Ijaz Anwar, Dr. Khurshid Iqbal
ResultPetition dismissed

JUDGM ENT

DR. KHURSHID IQBAL, J. Through instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has sought the following prayer: "It is therefore most humbly prayed that, on acceptance of this writ petition an appropriate direction may kindly be issued to the respondents to constitute a fresh inquiry committee comprised of independent, impartial, unbiased, uninterested and honest members in order to meet the ends of justice.

To pass any equitable relief deems fit by this Hon'ble Court."

2. We have heard Mr. Asim Jan Chamkani, advocate, learned counsel for the petitioner and perused the record.

3. As per contents of the petition, the petitioner is serving as Assistant Superintendent in the NADRA, at it Chamkani office.

4. In February this year, during working hours, some altercation ensued between the petitioner and Mr. Shahid Ali Khan, a Deputy Director (Operations), respondent No.3. In that background, the respondent No. 1 has initiated disciplinary proceedings against him. He has been issued a charge sheet and statement of allegations and inquiry has been initiated against him for which a Committee has been constituted. Through an application dated 13.05.2022, addressed to the respondent No.1, the petitioner raised objection to the Committee members. His main objection. in the aforesaid application was that Mr. Shahid Ali Khan, Deputy Director-respondent No. 3 is working under the direct supervision of the respondent No. 1, for which reason he apprehends that the inquiry proceedings will not be fair and impartial. A bare perusal of the order of inquiry dated 28.03.2022 of the respondent No. 1 would show that aforesaid Shahid Ali Khan is not a member of the Committee. There is one Mr. Shahid Khan, AD MRV, who, as admitted by the learned counsel for the petitioner, is sonic other official. So far the contention of the petition that the members of the inquiry committee are the subordinates of the respondent No. 1 is concerned, it warrants no interference by this Court. The reason simply is that the proceedings against the petitioner are of departmental nature, as such, the inquiry has to be conducted through some .officials of the same department. As noted above, the official regarding whom disciplinary proceedings have been initiated against him, is not part of the inquiry proceedings.

5. In light of the above discussion, we find no merit in the instant lc writ petition. The same is dismissed in lim ine.

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