| Citation(s) |
|---|
| 1993 SLG 1703 1993 SLD 1703 1993 PLC 1364 |
Lahore High Court
W. P. No. 9342 of 1991, decided on 1st December, 1992.
ZIA MAHMOOD MIRZA, J
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W. P. No. 9342 of 1991, decided on 1st December, 1992.
ZIA MAHMOOD MIRZA, J
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ABDUL RAHIM AWAN
VS
GOVERNMENT OF PAKISTAN and others
Law:
Section:
(a) Government Servants (Efficiency and Discipline) Rules, 1975--- ----R. 5---Constitution of Pakistan (1973), Art. 199---Civil servant--Disciplinary proceedings---Show-cause notice---Validity---Constitutional jurisdiction---Locus standi to invoke---Disciplinary proceedings having not yet concluded, civil servants could press such point before Departmental Authorities apprising them of the background of the issuance of show-cause notice and the pending disciplinary proceedings---Question whether civil servants had been accused of false charges was a matter for the Departmental Authorities to examine and determine during disciplinary proceedings---High Court in Constitutional jurisdiction could not examine disputed questions of fact. (b) Government Servants (Efficiency and Discipline) Rules, 1975-- ----R. 5---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan (1973), Arts. 199 & 212---Civil servant---Show-cause notice---Initiation of disciplinary proceedings---No appeal was competent before Service Tribunal against show-cause notice---Constitutional jurisdiction---Competency to invoke---Where law has provided appeal only against final order, no appeal would be competent against interlocutory, interim or procedural orders--Interim, procedural and interlocutory orders being not appealable before Service Tribunal, same could not be brought before High Court in its Constitutional jurisdiction---To bring such matters before High Court would not only amount to deflecting the legislative intent, but seriously impede the passing of final order itself---Merely because no appeal was competent against show-cause notice would not mean that High Court should assume jurisdiction in a matter which related to terms and conditions of civil servant and had thus been placed within the exclusive jurisdiction of Service Tribunal. Abdul Wahab Khan v. Government of Punjab PLD 1989 SC 508; Muhammad Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22; Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290; Mian Amanul Mulk v. N.-W.F.P. PLD 1981 Pesh. 1; Dr. Raja Mansoor Elahi v. N: W.F.P. PLD 1980 Pesh. 81; PLD 1983 SC 100; Collector,…
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