| Case ID |
2590d9ef-ab4a-4580-9f24-e1bcc69f0678 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 37557 of 2016 |
| Decision Date |
Dec 05, 2016 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the constitutional petition filed by the petitioner, Muhammad Azim Khan Leghari, challenging the Order of Inquiry issued by the Inspector General NH and MP, Islamabad. The court held that the Service Tribunal has exclusive jurisdiction over matters related to the terms and conditions of service of civil servants, including disciplinary proceedings. The court ruled that the petition was premature as the inquiry was still pending and the petitioner had not been dismissed or suspended. The court emphasized that the jurisdiction of the High Court was barred under Article 212 of the Constitution of Pakistan, which restricts civil servants from approaching the High Court for grievances related to their service conditions, directing that such matters should be addressed through the appropriate service tribunal. The court concluded that the petitioner must exhaust the available remedies before seeking relief from the High Court. |
| Summary |
In the case of Writ Petition No. 37557 of 2016, the Lahore High Court addressed the constitutional petition filed by Muhammad Azim Khan Leghari, challenging the Order of Inquiry issued against him. The petitioner, a civil servant, contended that the disciplinary proceedings initiated against him after a delay of over four years were biased and detrimental to his career. The court examined the jurisdictional limits imposed by Article 212 of the Constitution of Pakistan, which restricts civil servants from seeking redressal of service-related grievances in the High Court. The court reiterated the exclusive jurisdiction of the Service Tribunal in handling such matters. The decision emphasized the importance of adhering to established procedures and timelines in disciplinary inquiries, and underscored the necessity for petitioners to utilize the appropriate channels for grievance redressal. The court ultimately dismissed the petition as unwarranted and premature, reinforcing the need for civil servants to pursue remedies through the designated service tribunal rather than through the High Court. Keywords such as 'Lahore High Court', 'Writ Petition', 'Civil Servants Act', 'Disciplinary Proceedings', and 'Constitution of Pakistan' are integral to understanding the legal context and implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Jawad Hassan
|
| Lawyers |
Ch. Muhammad Zafar Iqbal,
Ch. Abdus Sattar,
Miss Sadia Malik
|
| Petitioners |
Muhammad Azim Khan Leghari
|
| Respondents |
Federation of Pakistan and Others
|
| Citations |
2017 SLD 716,
2017 PLC 336
|
| Other Citations |
Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456,
National Assembly Secretariat v. Manzoor Ahmed and another 2015 SCMR 253,
Fazal Ahmad Ranjha and others v. Government of Punjab and others 2016 PLC (C.S.) 1209,
Monomohan Roy v. Government of Chandpur Municipality PLD 1958 Dacca 47,
Gulistan Textile Mills Ltd. v. Collector (Appeals) Customs Sales Tax and Federal Excise and others 2010 PTD 251,
Government of Pakistan and others v. Farheen Rashid 2009 PLC (C.S.) 966,
Federal Land Commission v. Rais Habib Ahmad PLD 2011 SC 842,
Mian Aurangzeb Noor v. Rent Controller and another 2012 CLC 1729
|
| Laws Involved |
Government Servants (Efficiency and Discipline) Rules, 1973,
Constitution of Pakistan, 1973,
Civil Servants Act, 1973
|
| Sections |
R.5(1)(ii),
6,
184(3),
199,
212,
212(2),
25
|