' Petitioner Muhammad Aslam has prayed for issuance of a direction to the Secretary Education, Government of the Punjab, Lahore, respondent No, 1 to finalize the inquiry by giving a decision in the light of the material available before him including the inquiry report and the recommendations of the authorised officer.
2. The necessary facts which resulted into filing of this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 are that petitioner joined the Department of Technical Education as Junior Instructor in BPS-14, on 23-12-1982 and was promoted as Instructor on 17-7-1991 and now holds the post of BPS-17. Regional Director, Technical Education, Punjab, Lahore respondent No, 2 was appointed as Authorised Officer to conduct the inquiry against the petitioner on certain charges levelled against the petitioner by the Secretary Education, respondent No, 1, vide his order dated 7-11-1992. The authorised officer appointed Sh. Nazir Ahmad, Principal, Government College of Commerce, Bahawalpur as inquiry officer who conducted the inquiry and submitted his report vide No, 2907 dated 8-12-1993. According to the learned counsel the inquiry officer held that the charges were not established and he recommended that the petitioner be exonerated of the charges. On 19-12-1993 he forwarded his report to respondent No, 2 for its onward delivery to respondent No, l.
3. The grievance shown was that respondent No, 1 being competent authority in the case of the petitioner had not taken any action so far and on that account the promotion of the petitioner which was due since 18-7-1994 could not be materialized and the petitioner was being deprived of his legitimate right of promotion.
4. Respondents raised preliminary objections about the jurisdiction of this Court to dispose of the matter in question. It was submitted that under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 this Court has no jurisdiction to entertain the service matters. Reliance has also been placed on section 3(2) of the Punjab Service Tribunals Act, 1974 which provides that the Tribunal shall have exclusive jurisdiction in respect of the matters relating to the terms and conditions of service of a civil servant, including the disciplinary matters.
5. These objections are misconceived. The petitioner has not challenged the terms and conditions of his service by means of this writ petition. He has only requested that respondent No, 1 should finalize the inquiry proceedings which are pending since 1993.
6. Superior Courts of Pakistan have many a times taken action when the departmental authorities procrastinate and contumaciously refuse to pass the final orders. A direction can validly be issued to a State functionary to perform his duty cast upon him by law. Respondent No, 1 cannot be permitted to sleep over the matter till infinity.
7. Respondent. No, 1 in his report and comments submitted that the inquiry under E & D Rules will be finalised against the petitioner on receipt of information from Saudi Arabian Air Lines, Overseas Employment Corporation (Pvt.) Limited and Forensic Science Laboratories. It in not clear from the report that on what date the inquiry officer was directed by respondent No, 1 to gather the information from the three agencies. Be that as it may, it is the duty of respondent No, 1 to finalize the inquiry at the earliest. Justice delayed amounts to justice denied.
8. The Secretary to the Government of Punjab, Education Department, respondent No 1 is directed to finalize the inquiry against the petitioner within a period of two months from the date of receipt of this order by him. The petitioner is directed to appear before respondent No, 1, alongwith a copy of this order who shall on its receipt act promptly and strictly in accordance with law. The Deputy Registrar (Judi.) of this Court is also directed to immediately send a copy of this order to respondent No, 1, through registered post acknowledgement due for prompt necessary action.
' With these directions, this writ petition stands disposed of.