Case Details

Citation(s)
1988 SLG 1190 1988 SLD 1190 1988 PLC 600
Lahore High Court
Writ Petition No. 5290-S of 1987, decided on 21st December, 1987.
ZIA MAHMOOD MIRZA, J

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Mian GHULAM NABI and others

VS

PUNJAB GOVERNMENT and others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)-- ---S.4--Constitution of Pakistan (1973), Arts.212 & 199-Civil services--Suspension--Order of suspension can be challenged in an appeal before Service Tribunal which has exclusive jurisdiction in the matter--Such order, held, could not be agitated before High Court in Constitutional jurisdiction by virtue of Art.212(2) of Constitution--Writ Petition being not maintainable dismissed in limine. Muhammad Sadiq Khokhar v. Engineer-in-Chief Army G.H.Q. and another 1985 S C M R 63 rel. Sh. Ziaullah for Petitioners. S.M. Zubair, Addl. A.-G with Muhammad Amin S.O. Health Department for Respondents. Date of hearing: 21st December, 1987. JUDGMENT Petitioners who are all Drug Inspectors were placed under suspension on 3-3-1987 for a-period of three months. On the expiry of this period, neither any order extending the suspension of the petitioners was passed nor were the petitioners reinstated. They thus, remained suspended. Petitioners Nos. 1, 2 and 4 were served with the charge-sheets on 24-6-1987 but petitioner No.3 has not been charge-sheeted till today. 2. Feeling aggrieved with their continued suspension, petitioners filed an appeal before the Punjab Service Tribunal which was dismissed by the learned Tribunal as incompetent as also time-barred vide order dated 15-1-1987. 3. Petitioners have approached this Court through the present constitutional petition praying therein that their continuous suspension from the service be declared to be without lawful authority and of no legal effect. 4. Report was sent for from the Secretary Health, Government of Punjab, respondent No.l who submitted the same on 12-12-1987. Alongwith the comments was appended an order dated 1-12-1987 passed by the Secretary, Health extending the suspension of the petitioners from 3-6-1987 to 2-12-1987. 5. Case was partly heard yesterday. Learned counsel for the petitioners took an exception to the extension of the petitioners' suspension from service with retrospective effect. Mr. Tanvir Ahmed Khan, learned Additional Advocate-General who appeared for the respondents yesterday established a contact with the Secretary, Health to discuss the case with…
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