Case Details

Citation(s)
1985 SLG 220 1985 SLD 220 1985 PLD 82
Supreme Court of Pakistan
Civil Appeal No. 304 of 1981, decision dated: 28-10-1984.
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH, ZAFFAR HUSSAIN MIRZA AND M. S. H. QURAISHI, JJ

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THE COLLECTOR, CENTRAL EXCISE AND LAND CUSTOMS AND others

VS

ASLAM ALI SHAH

Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-Government Servants (Efficiency and Discipline) Rules, 1973, r. I0-A-Civil services-Departmental proceedings-Entitlement of civil servant to be represented in departmental proceedings through counsel-Leave to appeal granted to consider whether civil servant was entitled to be represented through counsel in departmental proceedings being held against him in face of specific provisions of r. 10-A, Government Servants (Efficiency and Discipline) Rules, 1973.-[Civil services]. (b) Constitution of Pakistan (1973) -- Art. 185 (3)-Leave to appeal granted-Petitioner, at time of hearing of appeal, seeking leave to raise a contention which was not specifically raised at leave granting stage-Supreme Court, allowed to raise such point during appeal proceedings, although leave bad not been specifically granted for its consideration as question related to jurisdiction of High Court to entertain and decide matter.-[Jurisdiction]. (c) Constitution of Pakistan (1973) -- Arts. 199 & 212-Civil Servants Act (LXXI of 1973), Ss. 3, 4 & 16-Government Servants (Efficiency and Discipline) Rules, 1973, r. 10-A-Question that an accused employee, while defending his case before inquiry officer, was entitled to be represented by a counsel, held, was a matter relating to the terms and conditions of his service and could only be adjudicated by Service Tribunal-No other Court could entertain any proceeding in respect of any matter to which jurisdiction of Service Tribunal was extended-High Court, therefore, had no jurisdiction to entertain writ petition with regard to such matter.-[Jurisdiction-Civil services]. Muhammad Sadiq Khokhar v. Engineer-in-Chief Pakistan Army, G. H. Q. and another 1985 S C M R 63 ref. Malik Muhammad Qayum, Deputy Attorney-General and M. Aslam Chattha, Advocate-on-Record for Appellants. Altzaz Ahsan, Advocate Supreme Court and Iqbal Ahmad Qureshi, Advocate-on-Record for Respondent. Date of hearing : 28th October, 1984. JUDGMENT NASIM HASAN SHAH, J.-The respondent is an Inspector in the Central Excise and Land Customs Department. He was placed under suspension vide order dated 18-6-1979 and issued a charge-sheet…
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