Lahore High court dismissed the writ petition due to the petitioner's concealment of material facts, imposing costs of Rs. 100,000 to be deposited within 15 days, failing which would result in recovery as arrears of land revenue.

درخواست گزار کا جان بوجھ کر متعلقہ معلومات کو چھپانے یا عدالت میں ظاہر نہ کرنے کا ہے۔ مذکورہ کیس میں، درخواست گزار یہ ظاہر کرنے میں ناکام رہا کہ اس نے ٹرانسفر آرڈر میں مذکور نئی پوسٹنگ کے لیے پہلے ہی جوائننگ رپورٹ جمع کرائی تھی۔ اس کوتاہی نے عدالت کو عبوری ریلیف دینے میں گمراہ کیا، جو شمولیت کی رپورٹ کے افشا ہونے کی صورت میں جاری نہیں کیا جاتا۔ اس طرح، درخواست گزار کی جانب سے اس اہم حقیقت کو چھپانے سے قانونی عمل کی سالمیت کو نقصان پہنچا۔

The unique point decided by the court was the dismissal of the petitioner's writ petition due to his concealment of material facts, specifically regarding his joining report submitted after the transfer order, which was crucial for the court's decision-making process. This concealment was deemed a serious issue that undermined the integrity of the court proceedings, leading to the dismissal of the petition and imposition of costs on the petitioner.

ORDER SHEET

 LAHORE HIGH COURT LAHORE

 JUDICIAL DEPARTMENT

Case No.

W.P. No.27923 of 2024

Muhammad Shehzad

Versus

Province of Punjab, etc.

S.No. of 

order/ 

Proceedings

Date of order/ 

Proceedings 

Order with signature of Judge and that of

Parties of counsel, where necessary. 

It is the case of the petitioner that he is employee 

of District Health Authority, Khanewal and hence, bar 

contained under Article 212 of the Constitution of Islamic 

Republic of Pakistan, 1973 is not attracted and the 

impugned transfer order dated 04.04.2024 has been passed 

against the applicable service rules of respondent-District 

Health Authority. It has been further contended that the 

impugned order has been issued despite the fact that ban 

was imposed by the Chief Minister, Punjab. 

2.

Without delving into the merits of the case, it is 

noted that when the case was admitted on 08.05.2024, it 

was pleaded on behalf of the petitioner that in an identical 

matter bearing W.P. No.34596/2023, the petitioner therein

was granted interim relief in the terms that if the impugned 

order (transfer order of the said petitioner) had not been 

implemented, the same shall remain suspended and 

therefore, the petitioner is entitled to same relief. The 

present petitioner was granted stay order on the same terms

i.e., if the impugned transfer order has not been acted 

upon, the same shall remain suspended. Subsequently, the 

W.P. No.27923 of 2024 - 2 -

petitioner filed Crl. Org. No.30902/2024 with the 

averments that the respondents in a blatant display of 

contumacy and highhandedness have forged the relieving 

order and also forged signature of the petitioner on the 

dispatch register. Today when the present case was taken 

up for argument, learned Law Officer, at the outset, has 

sought permission to submit copy of application submitted 

by the petitioner whereby, pursuant to the impugned 

transfer order, the petitioner himself has submitted his 

joining report on 15.04.2024. Learned Law Officer 

contends that the joining report has been concealed by the 

petitioner from this Court when the case was heard on 

08.05.2024. The document has been taken on record as 

“Mark-A”. 

3.

The petitioner who is in attendance has been 

confronted with the application (Mark-A), who has 

admitted its genuineness in open Court. There is no 

plausible explanation available with the petitioner 

regarding the concealment of the said material facts from 

this Court, however, on his instructions, his learned 

counsel reiterated that the respondents have also 

committed forgery while preparing forged relieving order, 

which is subject matter of the connected Crl. Org. 

No.30902-W of 2024.

4.

Heard.

5.

Any forgery and/or interpolation, by the disptach 

department of the respondents, with the relieving order and 

its receipt is out of the scope of the present petition, being 

the subject matter of the Crl. Org. No.30902-W of 2024 

and will be decided accordingly. For the purposes of the

W.P. No.27923 of 2024 - 3 -

present petition, the concealment on the part of the 

petitioner and its effect is the moot point as it goes to the 

very inception and basis of the present petition and, as the 

adage goes, two wrongs do not make a right. The wrong 

doing on part of the respondents, if any, does not justify 

the concealment on the part of the petitioner in order to 

obtain interim relief while approaching this Court.

6.

Suffice to observe that the jurisdiction of this 

Court, under Article 199 of the Constitution of Islamic 

Republic of Pakistan, 1973, is extraordinary, equitable and 

discretionary and the prerogative writs, contemplated 

therein, are issued for enforcement of fundamental rights 

and/or, as the case may be, to inhibit and/or rectify any 

illegality and unlawfulness on part of the executive. It is, 

therefore, of utmost necessity that the petitioner who 

invokes this jurisdiction must come with clean hands and 

put forward all the facts before the Court without 

concealing or suppressing anything. If there is no honest

disclosure of all the relevant and material facts or the 

petitioner is guilty of misleading the Court, his petition 

must be dismissed at its inception, without considering the 

merits of the claim. Concealment of fact is a serious issue,

which amounts to playing fraud upon the Court. How 

consequential and fundamental such concealment might 

turn out to be is aptly displayed by the present case. Had 

the fact of joining, at the new place of posting, on 

15.04.2024 been revealed in the petition, the interim order 

dated 08.05.2024 would not have been issued by this Court 

nor any occasion or cause for contempt petition would 

have arisen. Fraud as is well-known vitiates the most 

solemn proceedings. Fraud and justice never dwell

W.P. No.27923 of 2024 - 4 -

together. At the cost of repetition, it is reiterated that the 

Courts of law are meant for imparting justice between the 

parties and a petitioner approaching the Court with unclean 

hands renders the stream of justice sullied. I am 

constrained to observe that more often than not, process of 

the Court is being abused by unscrupulous persons from all 

walks of life and such abuse of process is considered by 

such litigants as a convenient device to achieve and retain 

their illegal objectives and designs. Unfortunately, this 

practice is spreading its tentacles on wider planes primarily 

on account of leniency exhibited towards such litigants as 

they generally go off scot-free. Therefore, I am of

considered view that a person, like petitioner, whose case 

is based on concealment and falsehood, has no right to 

approach the Court and such litigant must be summarily 

thrown out at any stage of the litigation, with costs.

7.

In view of the preceding discussion, this petition 

is dismissed with cost of Rs.100,000/-, which shall be 

deposited in Lahore High Court Bar Association 

Dispensary, within a period of 15-days from today and 

receipt thereof be submitted with the Office. In case of 

failure, the same shall be recovered as arrears of land 

revenue. 

 

(ANWAAR HUSSAIN)

 

 JUDGE 

Approved for reporting

 Judge 

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