| Citation(s) |
|---|
| 2026 SLG 4205 = 2026 SLD 4205 = 2026 PLC 645 |
Balochistan High Court
C.P. No.215 of 2024, decided on 17th September, 2025.
Presented By: Iqbal Ahmed Kasi and Muhammad Najam ud Din Mengal, JJ
Muhammad Ali Kanrani and Yasir Nizam for Petitioner. Changaiz Dashti, Assistant Advocate General for the State.
C.P. No.215 of 2024, decided on 17th September, 2025.
Presented By: Iqbal Ahmed Kasi and Muhammad Najam ud Din Mengal, JJ
Muhammad Ali Kanrani and Yasir Nizam for Petitioner. Changaiz Dashti, Assistant Advocate General for the State.
HAMEEDA RAZZAQ
VERSUS
GOVERNMENT OF BALOCHISTAN through Chief Secretary and 2 others
Law: Balochistan Employees Efficiency and Discipline Act, 2011
Section: 2(h)(ii), 13(6), 1(3)
Law: Constitution of Pakistan
Section: 13, 199, 212
(a) Balochistan Employees Efficiency and Discipline Act (VI of 2011) Ss.2(h)(ii) & 13(6)---Constitution of Pakistan, Art. 13---Power of competent authority to order de novo inquiry---Scope Exoneration in the proceedings before Anti-Corruption Establishment and first de novo inquiry---Double jeopardy, plea of---Competent authority initiated second de novo inquiry on the ground that first de novo inquiry was conducted by an incompetent authority---Validity---First inquiry was initiated by Secretary Education, who was not the competent authority under S. 13(6) of the Balochistan Employees Efficiency and Discipline Act, 2011 (Act), thus, Chief Secretary was well within his jurisdiction to order a fresh inquiry in order to ensure transparency and accountability in public service---Pleas of exoneration of petitioner and double jeopardy lost its legal force in view of the statutory competence of the Chief Secretary to agree or disagree with the inquiry report, as no vested right of the petitioner had been infringed---Constitutional petition was dismissed in circumstances. Federation of Pakistan through Secretary Establishment Division, Islamabad v. Shafqat ur Rehman Ranjha and others 2021 SCMR 153 rel. (b) Constitution of Pakistan Arts. 199 & 212---Balochistan Employees Efficiency and Discipline Act (VI of 2011), S.1(3)---Civil Service---Jurisdiction of High Court---Scope---Matters relating to terms and conditions of service---Exclusive jurisdiction of Service Tribunal and bar contained in Art. 212 of the Constitution---Scope---Constitutional jurisdiction of High Court regardingservicemattersis barred under Art. 212 of the Constitution---Matters pertaining to civil servants are to be dealt with under statutory framework of Balochistan Employees Efficiency and Discipline Act, 2011 and fall within the exclusive jurisdiction of the Service Tribunal, while the petitioner had made an attempt to bypass the statutory forum by invoking the constitutional jurisdiction of High Court under Art. 199 of the Constitution, which was not permissible. Federation of Pakistan through Secretary…