Law:

Section:

Service Tribunals Act (LXX of 1973)-------S. 4---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional petition---Maintainability---Appeal to Service Tribunal---Scope---Matter relating to the terms and conditions of service would not come within the jurisdiction of the High Court---Even if a statutory rule was ultra vires, the Service Tribunal would have the jurisdiction to strike down the same--­Interlocutory orders such as issuance of show-cause notice, were in a nature of step towards a final order eventually to be passed and would be merged with the final order which could be challenged before the Service Tribunal--­High Court could not interfere in such interlocutory orders as well--­Question that a sitting Judge of High Court could not be the Chairman of Service Tribunal, could also be raised before the Service Tribunal because objection with regard to constitutionality of the Tribunal could only be raised before the Tribunal. Khalil Ahmed v. Government of Pakistan PLD 1981 Kar. 750; Mir Nabi Bakhsh Khan v. Branch Manager, NBP and others 2000 SCMR 1017; A.R. Niazi and others v. Pakistan through Secretary and others PLD 1968 SC 119; Virasat Ullah v. Bashir Ahmed, Settlement Commissioner and others 1969 SCMR 154; Province of the Punjab through Secretary, Health Department v. Dr. S. Muhammad Zafar Bukhari PLD 1997 SC 351; Muhammad Anis v. Abdul Haseen PLD 1964 SC 539; I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance, Division Islamabad and others 1991 SCMR 1063; Asadullah Rashid v. Haji Muhammad Muneer and others 1998 PLC (C.S.) 1371; Abdul Bari v. Government of Pakistan PLD 1981 Kar. 290; Habib Bank Ltd. v. Syed Zia ul Hasan Kazmi 1998 SCMR 60; 1998 SCMR 2280; Abdul Bari's case PLD 1981 Kar. 290; Muhammad Mahmood Ali v. Pakistan through Secretary, Ministry of Finance 1984 CLC 142; Nazir Ahmed Sheikh v. Government of Sindh through Secretary, S&GAD, Sindh, Karachi and another 1998 PLC (C.S.) 607 and PLD 1984 Kar. 462 ref. S.M. Masud for Petitioner. Maqbool Elahi.Malik, A.-G. for Respondent. ORDER Since the same question of law is involved, therefore, through this single order, I intend to dispose of all the…

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