Law:

Section:

Sindh Police (Efficiency and Discipline) Rules, 1988-- ---R.4---Constitution of Pakistan (1973), Arts. 199 & 212---Removal from service---Penalty of removal from service in Departmental appeal was converted into compulsory retirement from service---Police official, thereafter, filing Constitutional petition against penalty imposed upon him---Jurisdiction of High Court in service matters---Jurisdiction of High Court in respect of service matters has been ousted to the extent of jurisdiction of Service Tribunal which has exclusive jurisdiction to grant the relief sought by the police official---Service Tribunals being quasi-judicial bodies could go into the merits of the case and interfere with the discretion of departmental authorities---Ouster of jurisdiction of High Court under cl. (2) of Art. 212 of the Constitution being of Constitutional nature curtails its jurisdiction---Service Tribunal being the exclusive authority to deal with service matters, Constitutional petition against compulsory retirement from service, was wholly misconceived---Petition dismissed in circumstances. Abdul Bari v. Government of Pakistan and 2 others P L D 1981 Kar. 290; Khalil-ur-Rehman and others v. Government of Pakistan and others P L D 1981 Kar. 750; Mian Amanul Mulk v. N.-W.F.P. through Chief Secretary P L D 1981 Pesh. 1; Messrs Shahid Agency v. The Collector of Customs (Appraisement) and another 1989 C L C 1938; Pakistan v. Public-at-large P L D 1987 SC 304 and St. Jude's Secondary School and others v. Employees' Old Age-Benefits Institution and another 1988 P L C 746 ref. JUDGMENT QAISER AHMED HAMIDI, J.--The question that has been raised in this Constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 7973 (hereinafter referred to as the Constitution), relates to the interpretation of clause (2) of Article 212 of the Constitution. 2. Petitioner Abdul Aziz, a police constable was proceeded against under the provisions of Sindh Police (Efficiency and Discipline) Rules, 1988, by Senior Superintendent of Police, Sukkur, the respondent No. 3, who awarded him penalty of removal from service vide order dated 17-4-1989. The petitioner…

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