Law:

Section:

Service Tribunals Act (LXX of 1973)-------S.4---Constitution of Pakistan (1973), Arts. 199 & 212---Constitutional petition---Dismissal from service under M.L.R. 58 w.e.f. 28-4-1970--­Existence of adequate and efficacious alternate remedy---Effect---Civil servant, in the present case, had failed to avail such remedy without any reason whatsoever---Non-availing of such remedy before the Service Tribunal which was available as far back as 1973, was fatal to the case of civil servant as the factual controversy involved in the matter as to whether the proceedings before the Military Tribunal under M.L.R. 58 were in violation of principles of natural justice and due opportunity of hearing was not afforded to the civil servant or whether the action taken by the Authorities, which ultimately resulted in civil servant's dismissal from service was mala fide, arbitrary and illegal could not be examined by the High Court in exercise of its jurisdiction under Art. 199 of the Constitution at such a belated stage i.e. after more than three decades---Non-availing of remedy before the Service Tribunal by the civil servant and in view of S.4, Service Tribunals Act, 1973 and bar of Art. 212 of the Constitution so also the laches, strengthened the plea of non-availability of the Constitutional petition---High Court, while considering the question of grant of relief to petitioner under Art. 199 of the Constitution could not remain oblivious of changed circumstances and subsequent developments which may not justify grant of such discretionary relief to the petitioner at a belated stage. Muhammad Ibrahim Parekh v. The Islamic Republic of Pakistan C.P. No.D-312 of 1995 applied. S.A. Rizvi v. Islamic Republic of Pakistan and 2 others 1991 MLD 1834 and W.P. No.8593 of 1995 ref. Habibur Rehman for Petitioner. Syed Tariq Ali for Respondents. ORDER ANWAR ZAHEER JAMALI, J.---Petitioner Sheikh Karimur Rahim, a former civil servant, through this Constitutional petition seeks following reliefs: "PRAYER The petitioner prays that this Hon'ble Court may be pleased: (i) To declare that the impugned orders of the respondents i.e. Suspension Order under M.L.R.-58, bearing C.M.L.A.…

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