Law:

Section:

Constitution of Pakistan (1973)-- ---Art.199--Pakistan Essential Services (Maintenance) Act (LIII of 19-52), S.7-­Termination of services--Forum for redress--Constitutional jurisdiction, exercise of--Services of petitioner were duly notified as essential service--Termination of service on ground of misconduct--Dispute between parties was to be resolved only by forum provided under the Act--Order for termination of petitioner thus could not be challenged in Constitutional jurisdiction of High Court. P L D 1982 S C 130; P L D 1983 Lah. 161; 1987 S C M R 1483; Karachi Electric Supply Corporation v. National Industrial Relations Commission and another P L D 1982 S C 113; Khuda Bux v. Pakistan Steel Mills Corporation and 2 others 1983 P L C 167 and Abdul Rehman v. Messrs Esso Eastern Inc. and others 1987 S C M R 1483 ref. JUDGMENT SYED HAIDER ALI PIRZADA, J.---This petition calls in question order dated 8-1-1985 passed by the respondent No.l whereby the petitioner was removed from his services. The facts giving rise to the above petition are that the petitioner was serving as motor driver with respondent No.l for over 11 years. It is the case of the petitioner that in the past some interested persons with mala fide intentions levelled false allegations against the petitioner who was served with a - charge­sheet dated 12-3-1980 but the charge proved false and enquiry was dropped and the petitioner was absolved from those baseless charges. It is further alleged that similarly on 1-7-1980 a memorandum was served on the petitioner regarding the shortage of petrol from a Government jeep and sum of Rs. 48.88 was recovered from the driver and the petitioner who resisted the charge and finally it was concluded in favour of the petitioner and the amount was refunded to the petitioner. It is further alleged that again a memorandum was served on the petitioner in August, 1980 informing the petitioner that he was provisionally removed from service but on 15-9-1980 the said memorandum was withdrawn by the respondent No. 1. It is the further case that the petitioner was harassed continuously and again was accused of four charges regarding change in meter, cuttings and…

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