LAHORE: The Lahore High Court has observed that any order passed by an executive, howsoever high, is not enforceable until and unless backed by the law.

Justice Shujaat Ali Khan observed this while dismissing a petition of a terminated official of the Lahore Development Authority (LDA), seeking implementation of an order passed by the chief minister’s office for his reinstatement.

Zahid Latif Bhatti, the petitioner, had been serving in the LDA as a sub-engineer and was dismissed from service for absence from duty.

Being aggrieved by the order passed by the competent authority, the petitioner filed an appeal which was dismissed by the LDA’s additional director general.

The petitioner filed a revision petition which was also turned down on the ground that no second appeal was provided against penultimate order.

Subsequently, he filed an application before the Punjab chief minister for his reinstatement in service, whereupon a directive was issued in 2006 by the CM office for reinstatement of the petitioner “on humanitarian ground”.

Instead of implementing the directive, the LDA asked the CM office to review the same. However, the LDA was directed to implement the order, but the authority did not implement it.

The petitioner subsequently filed an application to the prime minister, upon which Punjab governor was directed to look into the matter as per the rules.

The governor’s secretariat directed the LDA to proceed in the matter in accordance with rules but no action was taken thereon. The petitioner again filed an application before the LDA director general for reinstatement, but director administration refused to consider his request.

The petitioner through his counsel argued before the court that since the chief minister was the competent authority as per section 2 of the Punjab Removal from Service (Special Powers) Ordinance, 2000, therefore, the order passed by him (CM) was to be implemented by the respondents.

On the other hand, LDA’s counsel argued that since the petitioner was proceeded against under the Punjab Removal from Service (Special Powers) Ordinance, 2000, therefore, after availing the remedy of one appeal, he could not file second appeal, thus the order passed by the CM was not binding for the respondents.

In the ruling, Justice Khan observes that the directive issued by the CM secretariat shows that reinstatement of the petitioner was directed on “humanitarian grounds” and the said ground being alien to law on the subject was not justified.

“I am of the view that an order passed by an Executive, how so high, is not enforceable by the public functionaries until and unless it has the backing of law,” the judge maintains.

Published in Dawn, November 11th, 2021