| Citation(s) |
|---|
| 1999 SLG 831 1999 SLD 831 1999 PLC 221 |
Sindh High Court
Constitutional Petition No. D-1435 and Miscellaneous No-3822 of 1997, decision dated: 4-10-1997.
MRS. MAJIDA RAZVI AND S. SAEED ASHHAD, JJ
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Constitutional Petition No. D-1435 and Miscellaneous No-3822 of 1997, decision dated: 4-10-1997.
MRS. MAJIDA RAZVI AND S. SAEED ASHHAD, JJ
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AHSAN ALI SHAH
VS
PROVINCE OF SINDH through Chief Secretary, Karachi and 3 others
Law:
Section:
Constitution of Pakistan (1973)-------Arts. 212 & 199---Service Tribunals Act (LXX of 1973), S.4--Constitutional petition---Maintainability---Petitioner who was a civil servant had challenged orders of his termination from service in Constitutional petition---Orders of termination of servant having been passed by Competent Authority pertained to terms and conditions of service---Such orders even if were mala fide, could be dealt with only by Service Tribunal---Article 212 of Constitution of Pakistan (1973) had clearly excluded cases from jurisdiction of High Court which fell within purview of Service Tribunal---Appeal by a civil servant was competent under S. 4(1) of Service Tribunals Act, 1973 to the Service Tribunal against final order, whether original or appellate, made by a Departmental Authority regarding his terms and conditions of service--High Court having no jurisdiction in the matter, Constitutional petition was dismissed. Sheikh Mudassar Ahmad v. Government of Pakistan 1991 PLC (C.S.) 1047; Abdul Jabbar v. Secretary, Government of Punjab and another 1995 PLC (C.S.) 449 and Abdul Bari v. Government of Pakistan and others PLD 1981 Kar. 290 ref. Ansari Abdul Latif for Petitioner. ORDER The Petitioner was initially appointed as Statistical Officer in BPS-17 vide Notification No-S.O. (E-V)1-53/89, dated 11-2-1990 for a period of six months and his services were terminated vide Notification No. S.O. (E-IV) 3-53/90, dated 19-5-1992. He was again reinstated/reappointed into service vide Notification No. S.O. (A-II) 6-229/91, dated 19-11-1995 for a period of six months on terms and conditions given in the said Notification. Clause (III) of the terms and conditions of his appointment is as follows: "(III)The Government shall have the right to terminate his services at any time without assigning any reason thereof during the period of ad hoc appointment. " The Petitioner has impugned the termination order dated 28-5-1997 under Notification No. S.O.(A-11)6-229/91. The contention of the learned counsel for the petitioner is that the petitioner's service has been terminated on the direction of respondent No. l and is politically motivated and, as such,…
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