FAHAD FAIZAN KHAN vs FEDERATION OF PAKISTAN through Secretary, Revenue Division arts

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

FAHAD FAIZAN KHAN VS FEDERATION OF PAKISTAN through Secretary, Revenue Division arts.199 & 212---Constitutional petition---Bar of jurisdiction---Scope---Jurisdiction of Service Tribunal can be invoked against the final order, whereby things have been finally determined. Citation Name: 2023 PLC(CS)N 4 ISLAMABADBookmark this Case FAHAD FAIZAN KHAN VS FEDERATION OF PAKISTAN through Secretary, Revenue Division S.3---Public interest disclosure---Initiation of disciplinary proceedings on anonymous complaint---Scope---Petitioner assailed initiation of disciplinary proceedings on an anonymous complaint---Validity---No action could be initiated on the basis of an anonymous application---Wisdom behind the same seemed to be that if consequent upon an anonymous complaint, an action was started and ultimately, it was found that the complaint was false and baseless, then no action could be initiated by the aggrieved party against the person moving false complaint or disclosures and the aggrieved party had to suffer a lot of mental agony, embarrassment, humiliation and distress while passing through different phases of the disciplinary process in order to prove himself/herself to be innocent or proving that the contents of the anonymous complaint were bogus---Anonymous complaint was also never supported by an affidavit---Public energy and time was also wasted in making probe into the anonymous disclosures---Such is a matter of common knowledge that in the social set up, often people move such false and frivolous applications only to malign their opponents or settle their personal grievances or to cause uncalled for embarrassment to the individual complained against---Since the action based on anonymous complaint was not recognized by the law, therefore, same could not be allowed to prevail---Constitutional petition was accepted and the action of initiation of disciplinary proceedings was declared to be without lawful authority.

FAHAD FAIZAN KHAN vs FEDERATION OF PAKISTAN through Secretary, Revenue Division arts — 2023 PLC(CS)N 4 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2023 PLC