Law:

Section:

(a) Constitution of Pakistan (1973)-------Art.199---Punjab Office of the Ombudsman Act (X of 1997), S.32--­Constitutional petition---Maintainability---Alternate remedy, availability of---Effect---Petitioner had alternative remedy to file representation against the order of Provincial Ombudsman, before appellate authority, the petition was not maintainable. "WAPDA v. Commissioner, Hazara Division." N.L.R. 1992 S.C.J. 726 rel. (b) Constitution of Pakistan {1973)--- ----Arts.199 & 212---Constitutional petition---Maintainability---Terms and condition of service---Effect---Petitioner was a civil servant and matter pertained to temps and conditions of service, therefore, Constitutional petition was not maintainable in view of Art. 212 of the Constitution read with S.4 of Service Tribunals Act, 1973. M. Yamin Qureshi v. Islamic Republic of Pakistan PLD 1980 SC 22; Abdul Wahab Khan v. Government of Punjab and others PLD 1989 SC 508; United Bank Ltd. v. Shamim Ahmad Khan and others PLD 1999 SC 990; Muzaffar Hussain v. Superintendent of Police Sialkot 2002 PLC (C.S.) 442 rel. (c) Constitution of Pakistan (1973)--- ----Arts.199 & 212---Punjab Service Tribunals Act (IX of 1974), S.4--­Constitutional petition---Maintainability---Terms and conditions of service---Jurisdiction of Service Tribunal---Retirement of civil servant---Effect---Even after retirement the petitioner remained civil servant and he had to avail alternative remedy before Service Tribunal---Constitutional petition was not maintainable in circumstances. Abdul Aziz v. Special Secretary Education (School) Government of Punjab, Lahore 2001 PLC (C.S.) 661 rel. (d) Constitution of Pakistan (1973)--- ---Art.199---Punjab Office of the Ombudsman Act (IX of 1997), S.32--­Constitutional jurisdiction of High Court---Scope---Alternative remedy--­Complaint was lodged against the petitioner before Provincial Ombudsman alleging various allegations of misappropriation of property­--Ombudsman forwarded the complaint to the concerned department--­Petitioner had filed representation against the order of Ombudsman which was pending before the competent authority---Validity--­Constitutional jurisdiction was discretionary…

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