| Case ID |
04712bc8-9aeb-4edb-a6d8-3c7c8b2e6704 |
| Body |
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| Case Number |
Constitutional Petition No. D 1567 and Miscellaneo |
| Decision Date |
Dec 12, 1978 |
| Hearing Date |
Dec 03, 1978 |
| Decision |
The Sindh High Court dismissed the petition filed by Saiful Haque Hashmi challenging the disciplinary action against him. The court held that the Acting Chief Justice, who acted as an authorized officer, did not need to conduct an inquiry through an inquiry officer as per the Sind Civil Servants (Efficiency and Discipline) Rules, 1973. The court reiterated that the Service Tribunal has exclusive jurisdiction over matters relating to civil servants' terms and conditions, including disciplinary issues. Since no final order had been issued against the petitioner, the High Court found the petition premature and held that any adverse action taken against the petitioner would provide a cause of action for seeking redress in the proper manner. |
| Summary |
This case revolves around a constitutional petition by Saiful Haque Hashmi, a Senior Civil Judge in Karachi, against disciplinary proceedings initiated by the Acting Chief Justice of the Sindh High Court. The disciplinary action stemmed from allegations of misconduct during judicial functions. The court examined the procedural aspects of the Sind Civil Servants (Efficiency and Discipline) Rules, 1973, determining that the Acting Chief Justice was authorized to issue show cause notices without the need for a formal inquiry. The High Court emphasized the exclusive jurisdiction of the Service Tribunal over civil servant matters, asserting that the petition was premature as no final orders had been issued regarding the petitioner's employment. This ruling highlights the balance between judicial oversight and administrative authority in disciplinary matters involving civil servants. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh High Court,
Government of Sind
|
| Judges |
MUSHTAK ALI KAZI,
AJMAL MIAN
|
| Lawyers |
Khalid M. Ishaque
|
| Petitioners |
SAIFUL HAQUE HASHMI
|
| Respondents |
4 OTHERS,
GOVERNMENT OF SIND THROUGH THE CHIEF SECRETARY, SIND SECRETARIAT, KARACHI
|
| Citations |
1979 SLD 189,
1979 PLD 298
|
| Other Citations |
Not available
|
| Laws Involved |
Sind Service Tribunals Act (XV of 1973),
Constitution of Pakistan (1973)
|
| Sections |
3(3),
199,
212
|