| Case ID |
267da542-6e57-402f-9e13-ea8054d7f442 |
| Body |
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| Case Number |
W.P. No. 10-D of 2021 |
| Decision Date |
Oct 13, 2021 |
| Hearing Date |
|
| Decision |
The Peshawar High Court dismissed the writ petition filed by Malik Shah Jahan against the Government of Khyber Pakhtunkhwa. The court ruled that the jurisdiction of the High Court is excluded in matters concerning the terms and conditions of civil servants, which must be adjudicated by the Service Tribunal as per the Service Tribunals Act, 1974. The court highlighted that the petitioner had not provided satisfactory explanations for the delays in addressing the impugned orders related to his dismissal from service. Furthermore, the court found that the petitioner, being a civil servant, fell under the jurisdiction of the Service Tribunal and thus the High Court lacked the authority to intervene. The dismissal of the petition was based on established legal precedents and principles of administrative law. |
| Summary |
This case involves Malik Shah Jahan, a constable in the Frontier Reserve Police, who challenged the legality of his dismissal from service in the Peshawar High Court. The court, presided over by Judges Abdul Shakoor and Muhammad Naeem Anwar, ruled that it lacked jurisdiction over matters concerning civil servants' employment, which should be addressed by the Service Tribunal under the Service Tribunals Act, 1974. The petitioner had faced disciplinary action following a series of legal troubles, including criminal charges that ultimately resulted in his acquittal. The court emphasized the importance of timely legal action and the principle of laches, which bars relief for those who delay pursuing their rights. This decision reinforces the procedural boundaries set by the Constitution of Pakistan, specifically Articles 199 and 212, which delineate the exclusive jurisdiction of administrative courts over civil service matters. The ruling serves as a critical reminder for civil servants about the importance of adhering to procedural norms and timelines when contesting administrative decisions. |
| Court |
Peshawar High Court, D.I. Khan Bench
|
| Entities Involved |
|
| Judges |
ABDUL SHAKOOR,
MUHAMMAD NAEEM ANWAR
|
| Lawyers |
Mr. Ahmad Ali
|
| Petitioners |
Malik SHAH JAHAN
|
| Respondents |
GOVERNMENT OF KHYBER PAKHTUNKHWA through Provincial Police Officer/IGP, Peshawar and others
|
| Citations |
2022 SLD 1669,
2022 PLJ 30
|
| Other Citations |
PLD 2003 SC 132
|
| Laws Involved |
Constitution of Pakistan, 1973,
Service Tribunals Act, 1974
|
| Sections |
199,
212(1)(2),
4(1)(b),
5
|