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2003 PLC (C.S.) 926

MUHAMMAD AMIN BUTT vs SECRETARY EDUCATION, GOVERNMENT OF THE

Citation2003 PLC (C.S.) 926
CourtLahore High Court
Case No.Writ Petition No,19466 of 2002
Date2002-11-05
Judge(s)Syed Jamshed Ali
ResultPetition dismissed

ORDER

The petitioner has been put to notice under Rule 6(3) of the Punjab Civil Servants (Efficiency and Discipline) Rules, 1999 to show-cause against one of the major penalties. The learned counsel for the petitioner contends that the sole basis of the show-cause notice is a preliminary inquiry and the truth or otherwise of the allegations could only be established in a regular inquiry. He further maintains that the petitioner was exonerated by the Anti-Corruption Agency, while despite recommendation of the Anti-Cotruption Agency against one Shahzad Ahmad, no action has been taken against him and therefore, the petitioner has unfairly been discriminated against.

2. The submissions made by the learned counsel for the petitioner have been considered. The issue raised in this petition is germane to the terms and conditions of the service of the petitioner and even at this stage when no final order has been passed the bar of jurisdcition contemplated by Article 212 of the Constitution is attracted. Reference may be made to Abdul Wahab Khan v.

Government of the Punjab and 3 others (PLD 1989 SC 508) and a Full bench judgment of this Court in Writ Petition No,10758 of 2001 and other connected matters decided on 15-8-2001. This petition is, accordingly, dismissed as not maintainable. The petitioner shall be free to raise all pleas of law and fact indefence to the aforesaid show-cause notice. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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