| Citation(s) |
|---|
| 1997 SLG 994 1997 SLD 994 1997 PLC 944 |
Lahore High Court
Intra-Court Appeal No. 509 of 1995, decision dated: 19-05-1997.
MUNIR A. SHEIKH AND TASSADUQ HUSSAIN GILLANI, JJ
Rana Muhammad Arif for Appellant. Dr. Khalid Ranjha, AdvocateGeneral with Afzaal Elahi Chauhan, Addl. A.G. and Hasnat Amad Khan, A.A.G. for
Respondents.
Intra-Court Appeal No. 509 of 1995, decision dated: 19-05-1997.
MUNIR A. SHEIKH AND TASSADUQ HUSSAIN GILLANI, JJ
Rana Muhammad Arif for Appellant. Dr. Khalid Ranjha, AdvocateGeneral with Afzaal Elahi Chauhan, Addl. A.G. and Hasnat Amad Khan, A.A.G. for
Respondents.
MUHAMMAD BOOTA
VS
THE D.I.G. POLICE, GUJRANWALA and others
Law:
Section:
Constitution of Pakistan (1973)Arts. 199 & 212Law Reforms Ordinance (XII of 1972), S. 3Police Rules, 1934, Rr. 16.29 & 16.32YIntraCourt Appeal MaintainabilityOrder reverting civil servants who were police officials, passed by Departmental Authority was challenged by civil servants directly by filing Constitutional petitions in High Court and after rejection of their petitions, civil servants had filed IntraCourt Appeal against such rejectionCivil servants being police officials had remedy of appeal and revision under Rr.16.29 & 16.32 of Police Rules, 1934, respectively before higher Departmental Authorities and also had remedy of filing appeal before Service Tribunal in case they failed to get their grievance redressedHigh Court was not vested with jurisdiction to entertain Constitutional petition in such matters as they related to terms and conditions of civil servants as provided in Art. 212 of Constitution of Pakistan (1973)Observation, if any made by High Court, while rejecting Constitutional petition filed by civil servants about merits of case, however, were expunged in IntraCourt Appeal so as to allow Departmental Authorities to decide cases of civil servants uninfluenced by those observations and if appeal would be filed before Service Tribunal, Service Tribunal should be able to examine the case on its own merits in accordance with law. ORDER This order will also dispose of IntraCourt Appeals Nos. 510, 519, 520, 530, 531, 533, 532, 539, 541, 542, 534, 544, 543, 546, 547, 545, 548, 557, 564, 558, 559, 571 of 1995 and 15 of 1996, as questions of law and facts are common in all of them. 2. Feeling aggrieved of the order passed by the Departmental Authority through which the appellants were reverted to the lower posts, they filed Constitutional petitions, which have been rejected through the impugned orders against which they have filed these IntraCourt Appeals. 3. Learned AdvocateGeneral who has appeared on Court's call at limine stage submitted that under rule 16.29 of the Police Rules, 1934 the appellants have a right to file appeal before the higher departmental authority and against order in the said appeal they have a further right to…
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