PROVINCE OF PUNJAB vs Ch. WALI MUHAMMAD
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan concerning a service dispute between the Province of Punjab and Ch. Wali Muhammad. The core legal questions for consideration involve whether the Local Audit Departmental Rules, 1958 govern the determination of the competent authority, and whether a civil suit remained competent following the enactment of new service laws in 1973 and 1974 along with the legal effect of provisions relating to abatement and established case law. The Supreme Court granted leave to appeal to examine these questions, directing that the appeal be prepared on the existing record with liberty for parties to file additional documents if necessary. The holding establishes that leave is granted to deliberate upon the applicability of the departmental rules and the jurisdictional competence of civil courts in light of subsequent service legislation and abatement rules.
- Whether the Local Audit Departmental Rules, 1958 should have governed the question as to who was the competent authority?
- Whether the civil suit remained at all competent after the enactment of new service laws in 1973/1974?
- What is the effect of provisions relating to abatement of similar matters together with the rule laid down in Federation of Pakistan v. Muhammad Siddiq?
- Local Audit Departmental Rules, 1958
1. MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal is granted in this service matter to consider the following two questions :-
(a) Whether the Local Audit Departmental Rules, 1958 should not have governed the question as to who was the competent authority; and
(b) Whether the civil suit remained at all competent, after the enactment,, of new service laws in 1973/1974 and what is the effect of provisions relating to abatement of similar matters together with the rule laid down by this Court in Federation of Pakistan v. Muhammad Siddiq; PLD1981SC249.
2. Order accordingly. Appeal to be prepared on the present record with liberty to the parties to file additional documents, if necessary.