| Citation(s) |
|---|
| 2021 SLG 1418 2021 SLD 1418 2021 SCMR 1168 |
Supreme Court of Pakistan
Civil Appeals Nos. 909 to 912 of 2020 and Criminal Original Petition No. 87 of 2020, decided on 21st May, 2021, Date of hearing: 24th March, 2021. (On appeal against judgment Dated 31.01.2020 passed by the High Court of Balochistan, Quetta, in C.Ps. Nos.
IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Muhammad Shoaib Shaheen, Advocate Supreme Court for Appellants (in C.As. 909 and 910 of 2020). Sh. Riazul Haque, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellants (in C.A. 912 of 2020). Syed Iftikhar Hussain Gillani
Civil Appeals Nos. 909 to 912 of 2020 and Criminal Original Petition No. 87 of 2020, decided on 21st May, 2021, Date of hearing: 24th March, 2021. (On appeal against judgment Dated 31.01.2020 passed by the High Court of Balochistan, Quetta, in C.Ps. Nos.
IJAZ UL AHSAN, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE
Muhammad Shoaib Shaheen, Advocate Supreme Court for Appellants (in C.As. 909 and 910 of 2020). Sh. Riazul Haque, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellants (in C.A. 912 of 2020). Syed Iftikhar Hussain Gillani
KHALILULLAH KAKAR AND OTHERS
VS
PROVINCIAL POLICE OFFICER, BALOCHISTAN AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 199,212(3)
Law: Balochistan Service Tribunals Act, 1974
Section: 3(2)
(a) Constitution of Pakistan--- ----Arts. 199 212(3)---Balochistan Service Tribunals Act (V of 1974), S. 3(2)---Issue of joint seniority list of Deputy Superintendents of Police (DSPs)---Matter relating to the terms and conditions of service---Constitutional jurisdiction of High Court---Scope---Article 212(2) of the Constitution specifically placed an embargo on all other courts except Service Tribunal to grant an injunction, make any order or entertain any proceedings in respect of any matter relating to the terms and conditions of service even if they were mala fide, ultra vires or coram non judice---Word entertain used in Art. 212(2) of the Constitution was of significant importance; it meant that any petition or proceeding relating to the terms and conditions of service should not even be entertained by the High Court in its constitutional jurisdiction under Art. 199 of the Constitution being employees of Provincial Police Force were civil servants and the matter pertaining to issuance of joint seniority lists specifically related to their terms and conditions of service, which particularly rested within the jurisdiction of Provincial Service Tribunal---Filing of the Constitutional petitions before the High Court, at a time when the Provincial Service Tribunal was functional, was against the Constitutional mandate---Constitutional petitions filed by the respondents were not maintainable before the High Court---Appeal was allowed. Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456; Asadullah Rashid v. Muhammad Muneer 1998 SCMR 2129 and National Assembly Secretariat v. Manzoor Ahmed 2015 SCMR 253 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Constitutional jurisdiction (of the High Court) was extraordinary in its scope, it had to be exercised sparingly---Jurisdiction conferred on the High Courts under Art. 199 of the Constitution was an extraordinary relief and the same had to be exercised in aid of justice and not to interfere in jurisdictions of other statutory forums---When the law has provided an adequate remedy, constitutional jurisdiction under Art. 199 of the Constitution could not be…
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