Law:

Section:

Constitution of Pakistan (1973)------Arts. 13(a), 199 & 212---Constitutional petition ---Maintainability--P­rinciple of double jeopardy---Terms and conditions of service---Recovery of loss caused to Government property---Civil servant was compulsorily retired from forest department---Authorities ordered recovery of a sum of Rs.278,071 from the civil servant on account of loss caused to the Government by the civil servant during his service---Plea raised by the civil servant was that recovery of the amount amounted to vexing him twice for the same offence which violated the provisions of Art. 13(a) of the constitution---Authorities objected to the maintainability of the petition on re basis of bar contained in Art.212 of the Constitution ---Validity-- although certain remedies were available under Art. 199 of the Constitution of an aggrieved person, yet the same were subject to certain conditions and restrictions---Bar contained under Art.212 of the Constitution had categorically ousted the jurisdiction of High Court in respect of any matter to which the jurisdiction of administrative Courts or Tribunals extended--­tatters relating to or arising out of the terms and conditions of service of a civil servant were within exclusive jurisdiction of Service Tribunal---Subject­ matter of the petition being a matter relating to terms and conditions of service, High Court declined to interfere with the same in exercise of Constitutional jurisdiction---High Court advised the civil servant that he ought approach the Service Tribunal if so advised---Constitutional petition .vas dismissed in circumstances. Government of Punjab v. Sarosh Sultan PLD 1995 SC 541 and Messrs Haroon Brothers v. Drugs Registration Board and another 1992 CLC 017 distinguished. Abdul Bari v. State PLD 1981 Kar. 280 rel. Abdul Khaliq Bhutto for Petitioner. Muhammad Bachal Tonyo Additional A.G for Respondent. Date of hearing: 9th May, 2002. JUDGMENT S. ALI ASLAM JAFFERY, J.---Through this petition the petitioner has sought the following reliefs:-- . (a) Declare that the action of respondents Nos. 1 to 5 imposing the penalties and recovering it from the pension; G.P. Fund and gratuity amount of the…

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