| Citation(s) |
|---|
| 2011 SLG 1621 2011 SLD 1621 2011 PLC 270 |
Peshawar High Court
Writ Petition No.3082 of 2010, decision dated: 30-09-2010.
MAZHAR ALAM KHAN MIANKHEL AND SYED SAJJAD HUSSAIN SHAH, JJ
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Writ Petition No.3082 of 2010, decision dated: 30-09-2010.
MAZHAR ALAM KHAN MIANKHEL AND SYED SAJJAD HUSSAIN SHAH, JJ
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Dr. SIKANDAR KHAN
VS
GOVERNMENT OF KPK through Chief Secretary, Peshawar and 2 others Dr. SIKANDAR KHAN vs GOVERNMENT OF KPK through Chief Secretary, Peshawar and 2 others
Law:
Section:
(a) North-West Frontier Province Removal from Service (Special Powers) Ordinance (V of 2000)-------S. 3---Constitution of Pakistan, Art.199---Constitutional petition---Petitioner sought direction to the authorities to take an appropriate action in respect of show-cause notice issued to him for disciplinary action and termination of his services being a civil servant---Petitioner asserted that after submission of his reply to show-cause notice in the year 2005, no decision had been taken till date by the authorities---Petitioner's grievances had fallen under the terms and conditions of his service, for the redressal of which a special forum provided under the law was very much there and the petitioner had also invoked its jurisdiction---Departmental authorities had yet to pass a final order after considering the matter in the light of reply of the petitioner and thereafter petitioner would certainly have a right to raise all questions of law and facts before the competent authority---Such aspect of the matter would make constitutional petition not maintainable---Constitutional petition was dismissed by High Court. (b) North-West Frontier Province Removal from Service (Special Powers) Ordinance (V of 2000)--- ----S. 3---North-West Frontier Province Civil Servants Act (XVIII of 1973), S.3----North-West Frontier Province Service Tribunals Act (I of 1974), S.8---Constitution of Pakistan, Art.199----Constitutional petition---Civil service---Question of terms and conditions of service---Jurisdiction---Scope---Jurisdiction of other courts and forums were ousted by the specific bar provided in N.-W.F.P. Civil Servants Act, 1973 and N.-W.F.P. Servants Tribunals Act, 1974 where the questions of terms and conditions of a civil servants were involved. (c) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Petitioner after submission of his reply to the show-cause notice issued in the year 2005 for the termination of his service and disciplinary action was directed by authorities vide letter dated 13-9-2005 to file review petition in case of imposition of penalty but after lapse of five complete years, the petitioner awoke from his deep…
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