Law: Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011

Section: R.17,19,19(1)

Law: Pakistan Penal Code, 1860

Section: 365

Law: Constitution of Pakistan, 1973

Section: 199,212,212(2)

(a) Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011--- ----Rr. 17 & 19---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Civil service---Compulsory retirement from service---Appeal---Limitation---Remedy for redressal of grievance of civil servant---Petitioners being police officers were proceeded against under Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011 and were compulsorily retired from service---Contention of petitioners was that Service Tribunal was not functional and matter was urgent---Validity---Petitioners were proceeded under Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011, thus could not be treated out of said Rules---Departmental appeals of petitioners were pending before the appellate authority and 90 days had not elapsed, therefore proceedings before any other forum were pre-mature---Appellate authority could uphold the order of penalty and reject the appeal; set aside the order and exonerate the accused or modified the order or reduce the penalty within 60 days---If delinquent officer was not communicated the decision in appeal then he had the right to file an appeal before the Service Tribunal---Petitioners were supposed to file appeals under R.19 of Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011, in case there was some emergency or urgency then they might approach the High Court on the point of Service Tribunal being not functional---No exceptional or extraordinary circumstances existed to entertain constitutional petition of ex-officers of police department charged for an offence against the society, state and morals---Grievances agitated by the petitioners in the present constitutional petition would fall within the domain of Service Tribunal---Petitioners were supposed to approach the said Tribunal by filing service appeal firstly and that too after the expiry of 60/90 days i.e. period provided to the departmental appellate authority and thereafter they could approach High Court by showing good cause coupled with emergency or urgency in the matter---Petitioners were no more in service and…

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