PROVINCE OF THE PUNJAB vs MUHAMMAD NAWAZ
The Province of the Punjab filed a petition for leave to appeal against a judgment of the Lahore High Court dated 23-11-1980. The High Court had accepted a constitutional petition filed by the respondent, Muhammad Nawaz, and declared his order of suspension to be of no legal effect. The petitioner, represented by the Additional Advocate-General, challenged the High Court's decision, specifically raising a legal question regarding the scope and limits of the High Court's jurisdiction in such matters. Upon consideration of the petition, the Supreme Court of Pakistan determined that the question of jurisdiction required a deeper examination and formal adjudication. Consequently, the Court granted leave to appeal. The Court directed that the appeal be prepared based on the existing record, while granting the parties a period of two months to submit any additional documents they deemed necessary for the final determination of the matter.
- Does the High Court have jurisdiction to set aside an order of suspension in a constitutional petition?
- What are the limits of the High Court's jurisdiction when reviewing administrative suspension orders?
ORDER
1. ' GHULAM MUJADDID, J.-- Province of the Punjab through Secretary Agriculture Department seeks leave to appeal against the judgment of the Lahore High Court, dated 23-11-1980 whereby Constitution petition filed by Muhammad Nawaz was accepted and order of suspension of Muhammad Nawaz held to be of no legal effect.
2. ' The question raised before us by the Additional Advocate-General pertains to the jurisdiction of the High Court which needs examination.
3. ' Leave is granted accordingly. Appeal to be prepared on the present record. Parties are permitted to file additional documents, if any, within two months.