Law:

Section:

(a) Constitution of Pakistan (1973) Art. 199 read with Art. 212, Punjab Civil Servants Act (VIII of 1974), S. 12 and Punjab Service Tribunals Act (IX of 1974), S. 4-. Exclusion of jurisdiction of High Court under Art. 212 of Constitution--Held, not all pervasive but limited to extent of jurisdiction of Tribunal-High Court entitled to go through matter to satisfy itself that necessary factors ousting jurisdiction were present-Exclusion clause does not affect jurisdiction in case of an ultra vires, void or coram non judice order apparent on face of record.-[Jurisdiction]. Article 212 of the Constitution of 1973 curtails the jurisdiction as conferred on this Court by Article 199. The jurisdiction under Article 199 is also not absolute and may not be exercised if there is another adequate remedy available to a petitioner elsewhere. Whereas the ouster under Article 199 is in the presence of another adequate remedy the Article 212 denies exercise of power under Article 199 where there is a remedy before a Tribunal constituted by an appropriate Legislature by virtue of Article 212. The ouster under Article 212 is thus absolute, if the necessary jurisdictional facts are obtainable but the same, in the other situation, is- discretionary. Further, as the ouster under Article 212 also depends on certain factors, this Court would be entitled to go through the matter to satisfy itself that the necessary factors ousting the jurisdiction are present. Chapter II of the Punjab Civil Servants Act, 1974, deals with the 'terms and conditions of service of civil servants'. Section 12 is its part and the subject of `retirement' is not one of the exceptions mentioned in section 4, referred to above. Thus any order passed with regard to the exceptionable terms and conditions or disciplinary matters will not be appealable before the Administrative Tribunal. No jurisdiction, what to speak of exclusive jurisdiction, will be available with the Tribunal there. In view of the above, the exclusion of jurisdiction is not all pervasive but limited to the extent of the jurisdiction of the Tribunal. Thus any civil servant can directly approach this Court despite Article 212 of the Constitution…

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