MUHAMMAD JAVAID AFZAL vs OFFICE OF THE GOVERNOR, PUNJAB, LAHORE S — 2025 PLC(CS) 1308 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLC(CS) 1308 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLC
Parties: MUHAMMAD JAVAID AFZAL vs OFFICE OF THE GOVERNOR, PUNJAB, LAHORE S
Subject matter: Constitutional
Provisions referred to: S. 9---C

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

MUHAMMAD JAVAID AFZAL VS OFFICE OF THE GOVERNOR, PUNJAB, LAHORE S.9---Constitution of Pakistan, Art.199---Harassment at workplace---Representation to the Governor---Governor as final appellate forum---Constitutional petition against order of the Governor---Maintainability---Constitutional jurisdiction of the High Court, invocation of---Scope---The President and the Governor are designated as the final appellate forums to decide representations against decisions of the Ombudsperson---The legislature intended to create a complete statutory mechanism, thereby, excluding the invocation of Constitutional jurisdiction under Art. 199 of the Constitution in the ordinary course, except where the decision is shown to be coram non judice, mala fides, or without lawful authority---The decision of the Governor / President attains finality and cannot be subjected to judicial review merely on factual reappraisal---Therefore, once the Governor, under the Act of 2010, has decided the representation, the remedy before the Constitutional court is not in the nature of a second appeal, and judicial review can only be exercised on well-established grounds such as coram non judice acts, denial of due process, mala fides, or violation of fundamental rights---Constitutional jurisdiction under Article 199 of the Constitution cannot be invoked in matters where an adequate and efficacious statutory remedy exists, particularly when the statute has designated a specialized forum for adjudication.

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