Dr. JEHANZEB vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2023 PLC(CS) 297 PESHAWAR-HIGH-COURT

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Dr. JEHANZEB VS GOVERNMENT OF KHYBER PAKHTUNKHWA S.114 & O. XLVII, R.1---Review---Scope---Section 114, C.P.C., deals with jurisdiction of Court to review its judgments, according to which any person considering himself aggrieved from the decree or order from which an appeal allowed, but no appeal has been preferred or where no such appeal is allowed or by a decision on a reference from a Court of Small Causes may apply for review of the judgment of the Court which passed the decree or order, the Court may make such order thereon as it think fit, while the grounds on which a review can be sought are enumerated under O. XLVII, R. 1, C.P.C.---Power of review can be exercised to correct the errors and the main aim of power to review is to prevent injustice being done by a Court and the key requirement for invoking the review is that an error or mistake which is manifestly floating on the face of record, which is patent and if allowed to remain intact would perpetuate illegality and gross injustice. S. 114---Review---Scope---Every Court of law is under obligation to apply the correct law and if it is established that same has not been applied by Court, then, a review application in this regard is maintainable and similar is the case whereby some inadvertence an important statutory provision has escaped notice which, if had been noticed, might materially have affected the judgment of the Court. S. 114---Review---Scope---Right to claim review of any decision of a Court of law, like the right of appeal is a substantive right and not mere matter of procedure. Rr.3 & 8---Civil Procedure Code (V of 1908), S. 114 & O. XLVII, R. 1---Constitution of Pakistan, Art. 199---Constitutional petition---Preliminary/open enquiries against public servants---Scope---Petitioners sought review of order passed by High Court in writ petition wherein they had challenged a notice issued by Khyber Pakhtunkhwa Anti-Corruption Establishment for deposit of embezzled amount---Validity---Nowhere in the Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1999, it had been provided that before initiating preliminary inquiry or after completion of the inquiry or registration of a criminal case a notice for deposit of embezzled amount was required to be issued and even otherwise, once it was proved that the offence was committed, then any payment made subsequent thereto, did not absolve the accused of criminal liability and in this respect procedure as to investigation and dropping of the proceedings had been provided under R.8---Issuance of impugned notice to the petitioners to deposit the amount was not in accordance with law---Notice was set aside being illegal, unlawful and without jurisdiction, however, the petitioners could be proceeded against in accordance with law---Review petition was disposed of accordingly. Rr.3, 4, 5 & 8---Preliminary/open enquiry against public servant---Registration of cases/arrest of accused---Informing Administrative Department regarding registration of case and arrest---Dropping of the case---Scope---Rule 3 of the Khyber Pakhtunkhwa Anti-Corruption Establishment Rules, 1999, reveals that the Anti-Corruption Establishment can investigate offences set forth in the schedule and hold preliminary inquiries for determining whether such offences, which are enumerated in R. 5, shall be investigated or departmental inquiries into the conduct of any public servant concerned in such offences shall be held and, thereafter, if found that a criminal case under Scheduled Offence is made out, a case is to be registered in the manner as prescribed under Rr. 4 & 5---If, on completion of investigation, allegations are not established then under R. 8, the case shall be dropped.

Dr. JEHANZEB vs GOVERNMENT OF KHYBER PAKHTUNKHWA S — 2023 PLC(CS) 297 PESHAWAR-HIGH-COURT

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