JALIL AHMED vs GOVERNMENT OF PUNJAB through Secretary Local Government and Community Organization, Punjab, Lahore S — 2023 PLC(CS) 1403 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 1403 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: JALIL AHMED vs GOVERNMENT OF PUNJAB through Secretary Local Government and Community Organization, Punjab, Lahore S
Subject matter: Civil
Provisions referred to: S. 12; Civil Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JALIL AHMED VS GOVERNMENT OF PUNJAB through Secretary Local Government and Community Organization, Punjab, Lahore S.12(2)---Civil service---Employee of Town Municipal Administration---Re-instatement of employee---Fraud or misrepresentation, allegation of---Scope---Petitioner (Junior Clerk) was re-instated into service by virtue of order of the High Court---Authorities (Department of Local Government and Community Development) did not challenge re-instatement order of the Court but instead passed fresh dismissal order against the petitioner/employee without holding regular inquiry---Departmental Authorities instituted application under S.12(2) of Civil Procedure Code, 1908, contending that earlier petitioner got re-instatement order in his favour by concealing his previous resignation in connivance with the then Tehsil Municipal Officer---Validity ---Record revealed that applicants under S.12(2) of Civil Procedure Code, 1908, were duly represented in earlier constitutional petition (culminating in re-instatement order) through counsel who contested and argued the matter at length, which (petition) was decided on merit ---Applicants under S.12(2) of C.P.C., 1908, had not challenged the decision rendered in said constitutional petition , which had attained finality---Application under S. 12(2) of C.P.C., 1908, was not substitute to regular appeal, revision or review, nor such provisions could be construed as something over and above the normal modes of questioning a decision by way of appeal, revision or review---Applicants under section 12(2) of C.P.C., 1908 had failed to establish elements of fraud, misrepresentation, hence no interference was warranted---High Court set aside impugned dismissal order issued by the respondents/ departmental authorities---Constitutional was allowed, in circumstances.

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