Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199--Constitutional petition---Civil service---Termination of service---Petitioner challenged the show-cause notice of termination of his service from the Customs Department on the ground that matter had been inquired under the law which had been repealed, and date of its repeal was 17-10-2006 while he was charged in the year 2009---Department contented that constitutional petition was not maintainable and that petitioner had an alternate remedy and he could approach to the Service Tribunal---Validity---Petitioner was suspended by the Customs Department, an alternate remedy was available to hint---Petitioner could file an appeal before Service Tribunal---Constitutional petition was dismissed by High Court.    1985 SCMR 63 ref.   Muhammad Sadiq Khokhar v. Engineer in Chief Pakistan Army GHQ and another 1985 SCMR 63 rel. ORDER KHAWAJA MUHAMMAD SHARIF, C.J.--- It is contended by learned counsel for the petitioner that the petitioner has submitted an application to the Chairman, Federal Board of. Revenue, Islamabad against Ali Suleman Abbasi, Collector Custom, Lahore but no order was passed by the Chairman and instead of that Ali Suleman Abbasi against whom the application was given, he started inquiry from the hand of his subordinate; that subordinate of Ali Suleman Abbasi namely Abdul Basit, Additional Collector, Custom conducted the inquiry which has been placed on the file of amended petition at pages 30 to 34 and the finding of said Abdul Basit is as under:-- Absence of evidence and circumstances prove that the contents of the complaint/letter by Shah Jahan Dogar, cannot be confirmed, therefore, it is found to be baseless. 2. Learned counsel for the petitioner has referred Annexure VII purportedly an application given by the present petitioner to Collector Customs, Model Customs Collectorate, Customs House, Lahore and submits that this is forged application and it was never given by the petitioner. Learned counsel has referred page 35 of the petition and submits that this application is in the hand of the petitioner. Learned counsel has also referred to paragraph 7 at page 20 and submits that at…

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