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PROVINCE OF THE PUNJAB through Inspector General of Police, Punjab, Lahore vs Mirza WASEEM BAIG S — 2025 PLC(CS) 1581 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLC(CS) 1581 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLC
Parties
PROVINCE OF THE PUNJAB through Inspector General of Police, Punjab, Lahore vs Mirza WASEEM BAIG S
Subject matter
Service
Provisions referred to
S. 4---L; S. 3; S. 4; Law Reforms Ordinance (XII of 1972); Punjab Service Tribunals Act; Law Reforms Ordinance

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

PROVINCE OF THE PUNJAB through Inspector General of Police, Punjab, Lahore VS Mirza WASEEM BAIG S.4---Law Reforms Ordinance (XII of 1972), S. 3 (2)---Police Rules, 1934, R. 12.21---Intra Court Appeal---Maintainability---Statutory remedy of appeal, availability of---Appointment of respondent was rescinded by authorities under R. 12.21 of Police Rules, 1934---High Court in exercise of Constitutional jurisdiction set aside the order passed by authorities against respondent---Validity---Respondent was a civil servant and a statutory right of appeal under S. 4 of Punjab Service Tribunals Act, 1974 was available to him against original order of termination before Service Tribunal---Division Bench of High Court declined to interfere in the matter as Intra-Court Appeal was not maintainable in law in terms of the crucial jurisdictional bar contemplated under S. 3(2) of Law Reforms Ordinance, 1972, which had expressly excluded maintainability of an appeal against an order passed by Judge in Chambers of High Court in Constitutional jurisdiction, where order assailed before Judge in Chambers of High Court had arisen from the proceedings in which a statutory remedy, such as an appeal, was available---Order of termination of services of respondent under R. 12.21 of Police Rules, 1934 was appealable under S. 4 of Punjab Service Tribunals Act, 1974 and the respondent nonetheless opted to invoke Art. 199 of the Constitution instead of availing the statutory remedy---Constitutional petition was thus not maintainable---Intra-Court Appeal was a continuation of a procedurally flawed proceeding, and was also hit by the bar contained in S. 3(2) of Law Reforms Ordinance, 1972---Intra Court Appeal was dismissed, in circumstances.

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