| Citation(s) |
|---|
| 2003 SLG 1075 2003 SLD 1075 2003 PLC 1201 |
Lahore High Court
Writ Petition No.5338 of 2003, decision dated: 28-04-2003.
CH. IJAZ AHMAD, J
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Writ Petition No.5338 of 2003, decision dated: 28-04-2003.
CH. IJAZ AHMAD, J
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BADAR ZAMAN
VS
GOVERNMENT OF PAKISTAN through Secretary, Establishment and another
Law:
Section:
(a) Service Tribunals Act (LXX of, 1973)-------S.2-A---Removal from Service (Special Powers) Ordinance (XVII of 2000), Ss.2(aa), 10 & 12---Pakistan Postal Services Management Board Ordinance (CXXVI of 2002), S.4---Constitution of Pakistan (1973), Art. 199---Constitutional petition ---Maintainability---Vires of Pakistan Postal Services---Management Board Ordinance, 2002---Matter agitated in the petition pertained to the terms and conditions of service, Constitutional petition was not maintainable---Constitutional petition, even otherwise was not maintainable as petitioners had alternate remedy to file appeal before competent Tribunal in view of S. 1,0 of Removal from Service (Special Powers) Ordinance, 2000---Petitioner having challenged vires of Pakistan Postal Services Management Board Ordinance, 2002, Constitutional petition was not maintainable---Contention of petitioner that action against him was finally taken by incompetent Authority, had no force. United Bank Ltd. v. Islamic Republic of Pakistan PLD 1999 SC 990; Muzaffar Hussain v. The Superintendent of Police, District Sialkot 2002 PLC (C.S.) 442; Iqan Ahmed Khurram v. Government of Pakistan and others PLD 1980 SC 153 and M. Yameen Qureshi's case PLD 1980 SC 22 ref. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Maintainability---Constitutional petition was not maintainable qua intermediate stages. Abdul Wahab's case PLD 1989 SC 508 ref. Ch. Naseer Ahmad Bhutta for Petitioner. Sher Zaman Khan, Deputy Attorney-General for, Pakistan (on Court's call). ORDER The petitioner has challenged the vires of the order dated 15-4-2003 through this Constitutional petition and also challenged the vires of the Pakistan Postal Services Management Board Ordinance, 2002. 2. The learned counsel of the petitioner submits that the petitioner was inducted in service after passing the examination held by the Federal Public Service Commission. The petitioner was sent on deputation to the Provincial Government. The respondents transferred the petitioner at Karachi but the Provincial Government did not allow the petitioner to relieve the charge. He further submits that the competent Authority…
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