Law:

Section:

Constitution of Pakistan (1973)-------Art.212(3)---Abolition of post---Civil servant filing Constitutional petition in High Court against abolition of post---High Court refused to entertain the petition by observing that civil servant should approach the Service Tribunal to establish his right---Question raised in petition for leave to appeal was that action of Authority in abolising the post was mala fide with a view to deprive the civil servant of his post, emoluments and his status and thus, it was more appropriately a case entertainable by the High Court in Constitutional jurisdiction and not one which could be taken to the Service Tribunal---Held, relief sought for by the petitioner related to the terms and conditions of employment---Question of abolition of post might be within the exclusive competence of a particular authority but if it was used as a device for achieving an object not permitted by law, then it was a violation of the terms and conditions of employment---Service Tribunal, has exclusive jurisdiction to deal with the terms and conditions and where reliefs claimed by the civil servant related to terms and conditions of employment, Service Tribunal and not the High Court was the proper forum to examine the same. (b) Civil service--- ---- Mala fides---Connotation----All actions taken against a civil servant can be challenged on the ground of mala fides of law or mala fides of fact ---Mala fides of law was involved where authority, not competent, had taken an action; or the mandatory procedural requirements for taking the actions or the jurisdictional requirements for it remained unsatisfied ---Mala fides in fact, related to those cases where personal bias, grudge or vindictiveness was the prompting force for action ostensibly in proper form and content---Latter category of actions was as much violation of terms and conditions of employment as the first category because public power was never entrusted or reposed in functionary to be exercised for achieving personal ends, like unjust enrichment, vindictiveness or revenge----Terms and conditions of service embrace bona fide discharge of public duties by the repository of public power.--[Mala…

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