MUHAMMAD ILYAS vs GOVERNMENT OF BALOCHISTAN Ss — 2025 PLC(CS) 523 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD ILYAS VS GOVERNMENT OF BALOCHISTAN Ss. 13(6) & 17(2)(b)---Fundamental Rules, F.R. 54---Constitution of Pakistan, Arts. 13, 199 & 212---Constitutional petition---Maintainability---Bar contained under Art. 212 of the Constitution---Scope---Reinstatement---Back benefits including arrears, seniority and promotion---Issuance of a directive by the Chief Secretary constituting a committee for determination of question as to back benefits---Misinterpretation of directive---Initiation of de novo inquiry on the same charges---Double jeopardy---Contention of the petitioner was that where an employee is reinstated/exonerated after detailed inquiry a subsequent de novo inquiry on the same allegations was illegal, void and violative of principle of double jeopardy---Validity---No final order qua terms and conditions of the service of petitioner had been passed, which could be assailed before the Service Tribunal, thus, the objection as to maintainability of the petition was without any merit---Petitioner, after reinstatement, applied for back benefits, arrears, seniority, and promotion---Secretary S&GAD directed the Balochistan Public Service Commission to proceed with the case under FR-54, subsequently, the Chief Secretary withdrew the S&GAD's letter, forming a committee to review the petitioner's back benefit claim in light of a judgment of Supreme Court of Pakistan, however, Secretary S&GAD, misinterpreting the Chief Secretary's directive initiated a de novo inquiry with the same allegations the petitioner was already exonerated of---High Court found this new inquiry illegal, void, and violative the principle of double jeopardy under Art.13 of the Constitution---Statement of allegations/de-novo inquiry under S.13(6) of the Balochistan Employees' Efficiency and Discipline Act, 2011, was set-aside and the competent authority was directed to conduct the inquiry only to determine entitlement of the petitioner for back benefits in accordance with law or otherwise.

MUHAMMAD ILYAS vs GOVERNMENT OF BALOCHISTAN Ss — 2025 PLC(CS) 523 QUETTA-HIGH-COURT-BALOCHISTAN

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