KHALID MAHMOOD CR. And Another vs GOVERNMENT OF THE PUNJAB
The petitioners, appointed on an ad hoc basis in the Civil Service of the Government of Punjab, challenged a judgment of the Lahore High Court dismissing their constitutional petitions. Following the promulgation of the Punjab Removal From Service (Special Powers) Ordinance, 2000, show-cause notices were issued alleging their appointments were made on extraneous considerations under Section 3(e) of the Ordinance. The petitioners argued their appointments were validly made by the Chief Minister under the Punjab Public Service Commission (Function) Rules, 1978, and contended that an enquiry officer or committee must be appointed before taking action. The Supreme Court of Pakistan held that the show-cause notices were at a preliminary stage and the competent authority had not yet taken a final decision. The Court established that the appointment of an enquiry officer or committee is necessary before passing a final order of removal, but since no final order had been passed, the constitutional petitions were rightly dismissed as premature. The petitions were dismissed, with the observation that the petitioners may approach the Punjab Service Tribunal if an adverse order is passed.
- Are constitutional petitions against a preliminary show-cause notice premature?
- Does the Punjab Removal From Service (Special Powers) Ordinance, 2000 require the appointment of an enquiry officer or committee before passing a final order of removal?
- Can a civil servant approach the Punjab Service Tribunal against an adverse removal order?
- Section 3(e), Punjab Removal From Service (Special Powers) Ordinance, 2000
- Rule 5, Punjab Public Service Commission (Function) Rules, 1978
ORDER
1. MUNIR A. SHEIKH J.-- Both these petitions are directed against the judgment dated 15:8.2001 of the Lahore High Court, Lahore, by which the Constitutional Petitions filed by the petitioners were dismissed.
2. The petitioners were appointed in the Civil Service of the Government of Punjab on ad hoc basis. On the promulgation of Punjab Removal From Service (Special Powers) Ordinance, 2000 (hereinafter referred to' as the Ordinance), a show-cause notice was issued to the petitioners stating that their appointment was made on extraneous consideration within the contemplation of Section 3 (e) of the Ordinance. Reply was filed by the petitioners in which they state that they were appointed under Rule 5 of the Punjab Public Service Commission (Function) Rules, 1978, by the Chief Minister who was the competent authority which was not disputed, therefore, their appointment could not be treated to have been made on extraneous consideration as the provisions of the Ordinance are not attracted to their cases.
3. The competent authority has not yet taken any decision on these pleas advanced by the petitioners.
4. Learned counsel for the petitioners has also pointed out that under the Ordinance removal could be made only after holding elaborate enquiry by the Enquiry Officer or the Enquiry Committee constituted by the competent authority, whereas in these petitions show-cause notice has been issued without appointment of Enquiry Officer/Committee.
5. The relevant provisions of the Ordinance show that appointment of Enquiry Officer or the Enquiry Committee is necessary before passing the final order of removal from service. The disputed show-cause notice is still at preliminary stage and after considering the replies of the petitioners if the competent authority comes to the conclusion that it was a case of taking further proceedings under the Ordinance, it will be required to constitute an Enquiry Committee or appoint an Enquiry Officer. The Constitutional Petitions in the circumstances were rightly held to be pre-mature and dismissed as such. The impugned judgment does not suffer form any legal infirmity or illegality so as to warrant interference by this Court.
6. For the foregoing reasons, the petitions stand dismissed. The " petitioners may, if any order adverse to them is passed either on merits or against the provisions of the Ordinance, may file appeals before the Punjab Service Tribunal in accordance with law.