Law:

Section:

Sindh Civil Servants Act (X1V of 1973)-----S. 6---Sindh Service Tribunals Act (XV of 1973), S. 4---Constitution of Pakistan (1973), Arts. 212 & 199--Constitutional petition ---Competency--­Termination/discharge from service during probationary period---Jurisdiction of High Court---Matter in question (relating to discharge of civil servants) related to fitness of civil servants to hold specific post---Competent Authority had found that civil servants were not fit to hold such posts to which they had been appointed---In matters of such class of civil servants subjective as well as objective considerations come into play at departmental level and for such reason matters of such kind were not open to scrutiny before Courts as postulated by S. 4(1), Sindh Service Tribunals Act, 1973---Matter of fitness of any person to be appointed or to hold particular post as also to be promoted to higher post would remain within purview of Departmental Authorities to examine further and that could be done through appeal of review, where expressly provided for, and representation where no provision for appeal or review existed---Where, however, any manifest illegality was involved appropriate plea could be advanced---Where against final order, violation of law was claimed, aggrieved civil servant including probationer could move Service Tribunal---Even in cases involving fitness to hold a post, jurisdiction of Service Tribunal would be confined only to element of illegality, if any, and no more---Constitutional petition being not competent was dismissed in circumstances. Muhammad Siddiqui Javed Chaudhry v. Government of Pakistan PLD 1974 SC 393; Ikramullah Khan v. N.-W.F. Province 1983 PLC (C.S.) 812 and Pakistan (Punjab Province) v. Riaz Ali Khan 1982 SCMR 770 ref. Mazhar Ali B. Chohan for Petitioners. Munib Ahmed Khan, Addl. A.-G., Sindh for Respondents. Date of hearing: 4th September, 1997. JUDGMENT WAJIHUDDIN AHMED, J.---In the memo. of petition, instituted on 29-4-1997, the petitioners had expressed an apprehension that pursuant to a news item, dated 6-4-1997, whereby 77 employees of the Police Department were reported to have been discharged from service, the petitioners…

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