BEFORE HON’BLE LAHORE
HIGH COURT, LAHORE.
CONTEMPT PETITION NO._____________________/C/2011
IN
WRIT PETITION NO: 7611 / 2010
RAFAQAT ALI SHAHID, SON OF REHMAT ALI RESIDENT OF HOUSE NO. 54, STREET NO. 10, MUHAMMADI COLONY, NEAR Q BLOCK, MODEL TOWN, LAHORE.
…….Petitioner
V E R S U S
1. MUHAYYUDIN WANNI, SECRETARY, INFORMATION, CULTURE AND YOUTH AFFAIRS DEPARTMENT, CIVIL SECRETARIAT, LAHORE.
2. SHOAIB BIN AZIZ, EX-SECRETARY, INFORMATION, CULTURE AND YOUTH AFFAIRS DEPARTMENT, PRESENTLY WORKING AS PRESS SECRETARY TO CHIEF MINISTER, CHIEF MINISTER SECRETARIAT, G.O.R. 1, LAHORE.
3. SHEHZAD AHMAD, DIRECTOR, BOARD FOR ADVANCEMENT OF LITERATURE, NARSINGHDAS GARDEN, 2-CLUB ROAD, LAHORE.
.….Respondents
C O N T E M P T P E T I T I O N
UNDER ARTICLE 204 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973, READ WITH SECTION 3 & 4 OF THE CONTEMPT OF COURT ACT, 1976 ALONG WITH ALL ENABLING PROVISIONS OF LAW.
RESPECTFULLY SHEWETH:-
1. That the addresses of the parties have been correctly given in the title of this petition which are sufficient for service of summons or any other process that may be issued by this Hon’ble Court from time to time.
2. That through the instant contempt petition, the petitioner humbly seeks indulgence of this Honourable Court for initiating contempt proceedings against the respondents for disobeying and disregarding order dated 16.04.2010 [Annex-N], passed by this Honourable Court, whereby the respondents were directed to decide the representation of the petitioner expeditiously and preferably within a period of four weeks.
3. That succinctly stated facts giving rise to the filing of instant contempt petition are that the petitioner is Ph.D. in Urdu Literature having vast experience in research on Urdu Literature and is associated with renowned scholars and luminaries in Urdu Literature of the country. Copy of Bio-Data of the petitioner is Annex- A.
4. That a Board for Advancement of Literature was established for the preservation, encouragement and advancement of literature in the country and is controlled and financed by the Government of Punjab. The Board is run by a Board of Governors headed by a Chairman/Secretary, Information, Culture And Youth Affairs Department/Respondent No. 1. Respondent No. 3 is the Director and Chief Executive of the Board and is responsible to implement the policy laid down by it to carry out all orders issued by the Board of Directors. Copy of the Constitution and bylaws of the Board for Advancement of Literature is Annex- B.
5. That the petitioner was appointed as Assistant Editor, Books (National Pay Scale No. 16) by Respondent No. 3 in Board for Advancement of Literature on 21.09.2006. In appreciation of and in consideration of valuable services and after he had completed his Ph.D. the petitioner was promoted from Assistant Editor Books to Editor Books (National Pay Scale No. 17) on 01.04.2007 for a period of one year. Subsequently, the petitioner was confirmed as permanent Editor Books w.e.f. 10.04.2008. Copies of letters dated 21.09.2007, 01.04.2007 & 10.04.2008 are Annex- C, D & E respectively.
6. That while the petitioner was performing his duties sincerely, honestly faithfully and according to whole satisfaction of his superiors, due to some personal reasons he applied for four months leave without pay; same was approved by Respondent No. 3 on 11.06.2009 w.e.f. 05.06.2009 to 04.09.2009. Copy of letter dated 11.06.2009 is Annex- F.
7. That while the petitioner was on leave, Respondent No. 3 on 16.07.2009 terminated him from service without any reason and with malafide on the ground that his services were no more required. Copy of letter dated 16.07.2009 is Annex- G.
8. That the petitioner submitted representation his termination before Secretary, Information, Culture And Youth Affairs Department, who called for comments from Respondent No. 3 and gave a chance of personal hearing to the petitioner vide letter dated 15.08.2009. Copies of representation dated 24.07.2009 & letter dated 15.08.2009 are Annex- H & I.
9. That in consequence of personal hearing dated 19.08.2009 the Secretary, Information, Culture And Youth Affairs Department, vide letter dated 07.09.2009 asked Respondent No. 3 to solicit view of the Board of Governors of Board for Advancement of Literature to facilitate the department to some conclusion. Respondent No. 2 vide letter dated 29.12.2009 confirmed to the Secretary, Information, Culture And Youth Affairs Department that was matter was placed before of Governors of Board for Advancement of Literature. Copies of letter dated 07.09.2009 & letter dated 29.12.2009 are Annex- J & K.
10. That upon failure of respondents to decide representation of the petitioner, the petitioner was constrained to file a Writ Petition No. 7611/2010 before this Honourable Court for giving a direction to the respondents for deciding the representation of the petitioner. Vide order dated 16.04.2010, this Honourable Court was pleased to decide the writ petition with a direction to Respondent No. 2, the then Secretary Information, Culture and Youth Affairs Department to decide the pending representation of the petitioner expeditiously and preferably within a period of four weeks. Copies of writ petition No. 7611/2010 & order dated 16.04.2010 passed by this Honourable Court are Annex- M & N.
11. That the petitioner sent an application to Shoaib Bin Aziz, the then Secretary Information, Culture and Youth Affairs Department to decide the representation of the petitioner along with attested copy of order dated 16.04.2010 passed by this Honourable Court. Copy of application along with copy of receipt of registered A.D. is Annex-O.
12. That a letter dated 20.05.2010 was sent to Respondent No. 3 by Deputy Secretary, Information, Culture and Youth Affairs Department for seeking the comments and views of the Board of Governors, Board of Advancement of Literature. The representation of the petitioner, however, was not decided, therefore, the petitioner sent letter dated 28.07.2010 to Respondent No. 3, through his counsel, for compliance of order dated 16.09.2010. Copies of letter dated 20.05.2010 and copy of request for compliance along with copy of receipt are Annex-P, Q & Q/1.
13. That during the course of period Respondent No. 2 retired and Respondent No. 1 took charge of the department as Secretary. Subsequently, the petitioner was required to appear before Respondent No. 1 for personal hearing on 06.12.2010 vide letter dated 30.11.2010. Copies of letter dated 30.11.2010 is Annex-R.
14. That the petitioner appeared before Respondent No. 1 on 06.12.2010, however, neither any personal hearing was conducted nor was any action taken to decide the representation of the petitioner.
15. That this Honourable Court was pleased to direct the Respondents to decide the representation of the petitioner within a period of 4 weeks, however, despite expiry of 10 months the representation of the petitioner has not been decided and same has been put in cold storage.
16. That Shoaib Bin Aziz, Respondent No. 2 who was Secretary, Information, Culture and Youth Affairs Department at the time of passing of order dated 16.04.2010, did not take any action for deciding the representation of the petitioner in the light of direction given by this Honourable Court. His predecessor, Muhayyudin Wanni, Respondent No. 1 present Secretary, Information, Culture and Youth Affairs Department has also failed to decide petitioner’s representation. No step was taken by Respondent No. 3 to seek comments and views of Board of Governors, Board of Advancement of Literature, who was required to do so the Department vide letter dated 20.05.2010.
17. That the respondents have committed a gross contempt of this Honourable court by not complying with the direction/order. The respondents have frustrated, and abused the process of law by ignoring dis-obeying the direction/order by not deciding the representation of the petitioner. The respondents have infact shown dis-respect and disregard to the rule of law and the authority of this Honourable court.
PRAYER
In view of the above it is humbly prayed that the petition may kindly be accepted and the contempt proceeding may kindly initiated against the respondents and they be dealt strictly in accordance with law.
PETITIONER
[RAFAQAT ALI SHAHID]
THROUGH
Certificate:
It is certified that upon instructions of the client it is the 1st contempt petition filed before this Honourable Court for disobeying order dated 16.04.2010 passed by this Honourable Court.
Advocate
CONTEMPT PETITION NO._____________________/C/2011
IN
WRIT PETITION NO: 7611 / 2010
RAFAQAT ALI SHAHID, SON OF REHMAT ALI RESIDENT OF HOUSE NO. 54, STREET NO. 10, MUHAMMADI COLONY, NEAR Q BLOCK, MODEL TOWN, LAHORE.
…….Petitioner
V E R S U S
1. MUHAYYUDIN WANNI, SECRETARY, INFORMATION, CULTURE AND YOUTH AFFAIRS DEPARTMENT, CIVIL SECRETARIAT, LAHORE.
2. SHOAIB BIN AZIZ, EX-SECRETARY, INFORMATION, CULTURE AND YOUTH AFFAIRS DEPARTMENT, PRESENTLY WORKING AS PRESS SECRETARY TO CHIEF MINISTER, CHIEF MINISTER SECRETARIAT, G.O.R. 1, LAHORE.
3. SHEHZAD AHMAD, DIRECTOR, BOARD FOR ADVANCEMENT OF LITERATURE, NARSINGHDAS GARDEN, 2-CLUB ROAD, LAHORE.
.….Respondents
C O N T E M P T P E T I T I O N
UNDER ARTICLE 204 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973, READ WITH SECTION 3 & 4 OF THE CONTEMPT OF COURT ACT, 1976 ALONG WITH ALL ENABLING PROVISIONS OF LAW.
RESPECTFULLY SHEWETH:-
1. That the addresses of the parties have been correctly given in the title of this petition which are sufficient for service of summons or any other process that may be issued by this Hon’ble Court from time to time.
2. That through the instant contempt petition, the petitioner humbly seeks indulgence of this Honourable Court for initiating contempt proceedings against the respondents for disobeying and disregarding order dated 16.04.2010 [Annex-N], passed by this Honourable Court, whereby the respondents were directed to decide the representation of the petitioner expeditiously and preferably within a period of four weeks.
3. That succinctly stated facts giving rise to the filing of instant contempt petition are that the petitioner is Ph.D. in Urdu Literature having vast experience in research on Urdu Literature and is associated with renowned scholars and luminaries in Urdu Literature of the country. Copy of Bio-Data of the petitioner is Annex- A.
4. That a Board for Advancement of Literature was established for the preservation, encouragement and advancement of literature in the country and is controlled and financed by the Government of Punjab. The Board is run by a Board of Governors headed by a Chairman/Secretary, Information, Culture And Youth Affairs Department/Respondent No. 1. Respondent No. 3 is the Director and Chief Executive of the Board and is responsible to implement the policy laid down by it to carry out all orders issued by the Board of Directors. Copy of the Constitution and bylaws of the Board for Advancement of Literature is Annex- B.
5. That the petitioner was appointed as Assistant Editor, Books (National Pay Scale No. 16) by Respondent No. 3 in Board for Advancement of Literature on 21.09.2006. In appreciation of and in consideration of valuable services and after he had completed his Ph.D. the petitioner was promoted from Assistant Editor Books to Editor Books (National Pay Scale No. 17) on 01.04.2007 for a period of one year. Subsequently, the petitioner was confirmed as permanent Editor Books w.e.f. 10.04.2008. Copies of letters dated 21.09.2007, 01.04.2007 & 10.04.2008 are Annex- C, D & E respectively.
6. That while the petitioner was performing his duties sincerely, honestly faithfully and according to whole satisfaction of his superiors, due to some personal reasons he applied for four months leave without pay; same was approved by Respondent No. 3 on 11.06.2009 w.e.f. 05.06.2009 to 04.09.2009. Copy of letter dated 11.06.2009 is Annex- F.
7. That while the petitioner was on leave, Respondent No. 3 on 16.07.2009 terminated him from service without any reason and with malafide on the ground that his services were no more required. Copy of letter dated 16.07.2009 is Annex- G.
8. That the petitioner submitted representation his termination before Secretary, Information, Culture And Youth Affairs Department, who called for comments from Respondent No. 3 and gave a chance of personal hearing to the petitioner vide letter dated 15.08.2009. Copies of representation dated 24.07.2009 & letter dated 15.08.2009 are Annex- H & I.
9. That in consequence of personal hearing dated 19.08.2009 the Secretary, Information, Culture And Youth Affairs Department, vide letter dated 07.09.2009 asked Respondent No. 3 to solicit view of the Board of Governors of Board for Advancement of Literature to facilitate the department to some conclusion. Respondent No. 2 vide letter dated 29.12.2009 confirmed to the Secretary, Information, Culture And Youth Affairs Department that was matter was placed before of Governors of Board for Advancement of Literature. Copies of letter dated 07.09.2009 & letter dated 29.12.2009 are Annex- J & K.
10. That upon failure of respondents to decide representation of the petitioner, the petitioner was constrained to file a Writ Petition No. 7611/2010 before this Honourable Court for giving a direction to the respondents for deciding the representation of the petitioner. Vide order dated 16.04.2010, this Honourable Court was pleased to decide the writ petition with a direction to Respondent No. 2, the then Secretary Information, Culture and Youth Affairs Department to decide the pending representation of the petitioner expeditiously and preferably within a period of four weeks. Copies of writ petition No. 7611/2010 & order dated 16.04.2010 passed by this Honourable Court are Annex- M & N.
11. That the petitioner sent an application to Shoaib Bin Aziz, the then Secretary Information, Culture and Youth Affairs Department to decide the representation of the petitioner along with attested copy of order dated 16.04.2010 passed by this Honourable Court. Copy of application along with copy of receipt of registered A.D. is Annex-O.
12. That a letter dated 20.05.2010 was sent to Respondent No. 3 by Deputy Secretary, Information, Culture and Youth Affairs Department for seeking the comments and views of the Board of Governors, Board of Advancement of Literature. The representation of the petitioner, however, was not decided, therefore, the petitioner sent letter dated 28.07.2010 to Respondent No. 3, through his counsel, for compliance of order dated 16.09.2010. Copies of letter dated 20.05.2010 and copy of request for compliance along with copy of receipt are Annex-P, Q & Q/1.
13. That during the course of period Respondent No. 2 retired and Respondent No. 1 took charge of the department as Secretary. Subsequently, the petitioner was required to appear before Respondent No. 1 for personal hearing on 06.12.2010 vide letter dated 30.11.2010. Copies of letter dated 30.11.2010 is Annex-R.
14. That the petitioner appeared before Respondent No. 1 on 06.12.2010, however, neither any personal hearing was conducted nor was any action taken to decide the representation of the petitioner.
15. That this Honourable Court was pleased to direct the Respondents to decide the representation of the petitioner within a period of 4 weeks, however, despite expiry of 10 months the representation of the petitioner has not been decided and same has been put in cold storage.
16. That Shoaib Bin Aziz, Respondent No. 2 who was Secretary, Information, Culture and Youth Affairs Department at the time of passing of order dated 16.04.2010, did not take any action for deciding the representation of the petitioner in the light of direction given by this Honourable Court. His predecessor, Muhayyudin Wanni, Respondent No. 1 present Secretary, Information, Culture and Youth Affairs Department has also failed to decide petitioner’s representation. No step was taken by Respondent No. 3 to seek comments and views of Board of Governors, Board of Advancement of Literature, who was required to do so the Department vide letter dated 20.05.2010.
17. That the respondents have committed a gross contempt of this Honourable court by not complying with the direction/order. The respondents have frustrated, and abused the process of law by ignoring dis-obeying the direction/order by not deciding the representation of the petitioner. The respondents have infact shown dis-respect and disregard to the rule of law and the authority of this Honourable court.
PRAYER
In view of the above it is humbly prayed that the petition may kindly be accepted and the contempt proceeding may kindly initiated against the respondents and they be dealt strictly in accordance with law.
PETITIONER
[RAFAQAT ALI SHAHID]
THROUGH
Certificate:
It is certified that upon instructions of the client it is the 1st contempt petition filed before this Honourable Court for disobeying order dated 16.04.2010 passed by this Honourable Court.
Advocate
Accepted by:
Falak Sher Bhati
Advocate Kasur
Chamber No 96-97
District Bar Association Kasur
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