Case Details

Citation(s)
2015 SLG 3098 2015 SLD 3098 2015 PLC 1300
Sindh High Court
C.Ps.Nos. 1544, 1314 and C.M.As. Nos. 6743, 5680 of 2015, decided on 14th April, 2015
FAISAL ARAB, C.J. AND ZAFAR AHMED RAJPUT, J
Khawaja Shamsul Islam for Petitioners. Khalil Dogar for
Respondent No. 2. Sarfraz Metlo for
Respondent No. 4. Aslam Butt, D.A.G. along with Noor-ud-Din Ahmed, Coordinator (Legal affairs) F.B.R. Karachi

Syed JAWAD RAZA NAQVI and 2 others

VS

(FTO) and 6 others

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Dismissal from service---Petitioners, who were officers of Pakistan Customs, impugned show-cause notices issued to them for dismissal from service on charges of inefficiency, misconduct and corruption---High Court declined to address petitioners' arguments on merits of the case as any view taken on merits may prejudice either of the parties in the proceedings and only that the show-cause notices were issued but no final order had been passed---Once such final order was passed, remedy was available to the petitioners and that too under service laws as the petitioners were civil servants---Where a disciplinary action was taken against a civil servant, the jurisdiction of the High Court under Art.199 of the Constitution was barred---Constitutional petition was dismissed, in circumstances. 2014 PLC (C.S.) 1032; 1363; 2014 PLC (C.S.) 159; 2011 SCMR 698; 2010 SCMR 1345; 2014 SCMR 1407; 1557; 1567; SBLR 2015 SC 15; 2000 PLC 184; PLD 1997 SC 382; PLD 1987 SC 447; 2011 PLC (C.S.) 673; 562; 2014 PTD 1531; 1988 SCMR 691; SBLR 2001 945-969; PLD 1981 SC 612; 1999 SCMR 483; PLD 1988 Kar. 401; 1987 CLC 393 and 1999 SCMR 2518 ref. Ali Azhar Khan Baloch v. Province of Sindh and others Civil Review Petition No. 193 of 2013 rel. ORDER Through this order we intend to dispose of both the above petitions as in both the cases common questions of facts and law are involved. 2. The petitioners in C.P. No.D-1544 of 2015 are civil servants and officers of Pakistan Customs. The petitioner No.1 is Principal Appraiser, the petitioner No.2 is Appraising Officer and the petitioner No.3 was Examiner. The petitioner in C.P. No.D-1314 of 2014 is Appraising Officer in Pakistan Customs. The petitioner No.3 in C.P.No.D-1544 of 2014 retired during the pendency of these proceedings. The petitioners are aggrieved by the show-cause notices issued to them in March, 2015. All of them were charged for inefficiency, misconduct and corruption. They were called upon to show-cause within seven days as to why penalty including major penalty of dismissal from service, should not be imposed upon them. Being aggrieved by the…
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