Law: Constitution of Pakistan, 1973

Section: 212,199

(a) Constitution of Pakistan--- ----Art. 212---Administrative Courts and Tribunals---Scope---Even if a question of fundamental rights including discrimination is involved in the matter, even if a challenge is laid to statutory rules adversely affecting civil servants; the order has been passed by an incompetent authority; or an order suffers from malice and has been passed in bad faith; and an authority not recognized by the governing law has passed an order affecting the terms and conditions of a civil servant, the only forum available in all such instances (listed above) as also in other instances except when a person is seeking appointment or up-gradation in civil service or when question of fitness as opposed to eligibility of a civil servant to be promoted to a particular post is involved, is that of the Service Tribunal constituted under Art.212 of the Constitution. Iqan Ahmed Khurram v. Government of Pakistan and others PLD 1980 SC 153; Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456; Khalid Mahmood Wattoo v. Government of Punjab 1998 SCMR 2280 and Muzaffar Hussain v. The Superintendent of Police, District Sialkot 2002 PLC (C.S.) 442 ref. (b) Constitution of Pakistan--- ----Art. 212---Administrative Courts and Tribunals---Scope---No particular shape or form of an order exists that can be challenged before the Service Tribunal and even parawise comments controverting the stance of a petitioner civil servant suffice to be treated as a final order. Sabir Zameer Siddiqui v. Abdul Malik PLD 1991 SC 226; Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290; Khalil ur Rehman v. Government of Pakistan PLD 1981 Kar. 750 and Dr. Ghazanffarullah and 2 others v. Secretary Health, Government of the Punjab, Lahore and 6 others 2010 PLC (C.S.) 51 ref. (c) Constitution of Pakistan--- ----Art. 212---Administrative Courts and Tribunals---Scope---While most of the other ouster clauses contained in the Constitution of Pakistan, have been judicially pierced and read down the ouster contemplated by Art. 212 of the Constitution has ordinarily never been read down by the Superior Judiciary so as to allow civil servants to have…

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