Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 199 & 212---Civil service---Jurisdiction of High Court---Scope--­Where relief sought was beyond powers of Service Tribunal, Constitutional petition to the High Court was maintainable. (b) Constitution of Pakistan (1973)--- ----Art. 212---Service Tribunals Act (LXX of 1973), S.4---Civil service--­Bar contained in Art.212 of the Constitution---Applicability---Where any of the conditions mentioned in S.4,. Service Tribunals Act, 1973, were non­existent in a case, then the bar contained in Art.212 of the Constitution was not operative. (c) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art.212---Expression "aggrieved"---Applicability---Service Tribunal, jurisdiction of---Civil servant tiled departmental appeal and succeeded, thus, original orders of termination merged in the appellate order---Effect---Such civil servant was not an aggrieved person and could not approach the Service Tribunal. (d) Balochistan Civil Servants (Appeal) Rules, 1983--- ----Rr. 5(3) & 7(1)---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Appeal, withholding of---Failure to file departmental appeal through head office---Civil servant who was terminated from service filed departmental appeal directly---Appeal so filed was accepted and the civil servant was- re-instated in service---Authorities raised objection to the appeal on the ground that provisions of Rr.5(3) & 7(1) of Balochistan Civil Servants (Appeal) Rule's, 1975, were not complied with--­Validity---Held, though it was, proper for the civil servant to submit appeal through head office but as the same was considered on merits and was decided in favour of the civil servant, the appellate order could not be ignored simply on the ground that departmental appeal was not routed through the head office---Requirement under R.7(1) of Balochistan Civil Servants (Appeal) Rules, 1983 was directory in nature and not mandatory. (e) Balochistan Civil Servants (Appeal) Rules, 1983--- ---R. 6(3)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Civil service---Non-compliance of order passed by Appellate…

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