Law:

Section:

(a) Sindh Civil Servants (Efficiency and Discipline) Rules, 1973-------R. 8(a)---General Clauses Act (X of 1897), Ss. 21 & 24-A---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Removal from service---Superintendent of Jail (BS-18)---Sentenced for committing contempt of Court---Reinstatement of petitioner in service through notification issued by Home Secretary with approval of Chief Minister---Issuance of subsequent notification by Home Secretary cancelling/withdrawing notification of reinstatement---Plea of department was that issuance of notification of reinstatement was result of mistake, misinterpretation, misrepresentation or misguidance---Validity---Appointing authority in respect of a civil servant in BS-17 & BS-18 was Chief Minister, who was competent in law to remove him from service---Notification of reinstatement in service could be cancelled again with approval of competent authority (Chief Minister) as result of its cancellation would be removal of civil servant from service---Notification of reinstatement could be rescinded and corrected on alleged pleas with approval of Chief Minister, but not by Home Secretary for not being a competent authority---Section 21 of General Clauses Act, 1897 would be read with S.24-A thereof---Impugned notification was bad for having been issued without any reason---High Court accepted constitutional petition and declared impugned notification to be illegal, without jurisdiction and of no legal effect. Shah Nawaz v. Umar Daraz 1999 CLC 1883 fol. (b) Jurisdiction--- ----Objection to---Duty of Court first to decide question pertaining to its own jurisdiction and then consider the merits of case. (c) Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Matter pertaining to terms and conditions of service---Such matter exclusively falls within jurisdiction of Service Tribunal---Jurisdiction of High Court in such matter is barred. (d) General Clauses Act (X of 1897)--- ---S. 21---Notification or executive order---Authority competent to issue notification/order in like manner is competent to amend, modify, cancel, withdraw or rescind same subject to like sanction and conditions. (e)…

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