Law:

Section:

Service Tribunals Act (LXX of 1973)-------Ss.2-A & 4---Constitution of Pakistan (1973), Arts.199 & 212--­Constitutional petition---Maintainability---Petitioner who was a civil servant in terms of S.2-A of Service Tribunals Act, 1973 was required to approach Service Tribunal for redress of his grievance relating to terms and conditions of service and was precluded from invoking Constitutional jurisdiction of High Court by virtue of Art.212 of the Constitution of Pakistan (1973)--­Issuance of a show-cause notice and initiation of proceedings under disciplinary rules against the civil servant, would not furnish him a cause of invoking jurisdiction of Tribunal or a Court and proper forum for him was to submit a reply thereto and face the, consequent proceedings if initiated---Civil servant would not have any cause of action to challenge a show-cause notice and inquiry proceedings initiated pursuant to show-cause notice-­Objections issues with regard to mala fides, coram non judice, order being ultra vires and illegality of Authority issuing the order, could be raised before Service Tribunal and an aggrieved civil servant, could not bypass jurisdiction of Service Tribunal by adding said grounds/objection in his Constitutional petition. Shagufta Begum v. The Inco -tax Officer, Circle XI, Zone-B, Lahore PLD 1989 SC 360 and Asadullah Rashid v. Haji Muhammad Muneer and others 1998 SCMR 2129 ref. Shiraz Iqbal Chaudhry for Petitioner Date of hearing: 19th October, 2001. ORDER In the Constitutional Petition the petitioner has sought the following reliefs: -- (a) That continuous suspension of the petitioner is illegal and ultra vires. (b) Declare that inquiry conducted so far by Inquiry Committee, in absence of the complainant, is illegal and without lawful authority. (c) Direct the Inquiry Committee to conduct the Inquiry in accordance with law. (d) Declare the Removal from Service (Special Powers) Ordinance, 2000 does not apply to the petitioner as petitioner is worker and he would be dealt with in accordance with the provision of Industrial Relations Ordinance, 1969. (e) Any other relief/relieves this Hon'ble Court may be pleased to grant. The grievance of the…

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