CHAND IQBAL vs PROVINCE OF THE PUNJAB S — 2023 PLC(CS) 530 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 530 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: CHAND IQBAL vs PROVINCE OF THE PUNJAB S
Subject matter: Service
Provisions referred to: S. 4; Punjab Service Tribunals Act

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

CHAND IQBAL VS PROVINCE OF THE PUNJAB S.4(1)(b)---Constitution of Pakistan, Arts. 199 & 212---Constitutional petition---Maintainability---High Court, jurisdiction of---Petitioners were terminated for a fault on the part of Punjab Public Service Commission (PPSC) during conduct of recruitment examination, which was prior to the issuance of appointment letter---Effect---Such termination could not be construed to have any relation with terms and conditions of petitioners' service---Fault or consequent withdrawal by PPSC did not accrue during service after appointment letter---Such disciplinary matter had no nexus with service---Appeal under S.4(1)(b) of Punjab Service Tribunals Act, 1974, against termination order in question did not lie before Service Tribunal---Termination on withdrawal of recommendation by PPSC, squarely fell within the phrase "fitness or otherwise of a person"---Termination in question did not involve terms and conditions of service after appointment nor disciplinary proceeding during service was in question---Bar of jurisdiction, under Art. 212 of the Constitution, was not attracted merely because petitioners were civil servants---Constitutional petition was maintainable in circumstances.

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