| Case ID |
3859d354-9ef3-410c-874b-a29f82375fe5 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 2845 of 2016 |
| Decision Date |
Jul 21, 2016 |
| Hearing Date |
|
| Decision |
The Islamabad High Court dismissed the constitutional petition filed by Muhammad Aslam Hayat against the Government of Pakistan, asserting that the Service Tribunal has exclusive jurisdiction over matters pertaining to the terms and conditions of civil servants' service. The petitioner had sought direction for providing necessary documents for his defense in departmental proceedings. The court noted that the inquiry proceedings were in compliance with the Government Servants (Efficiency and Discipline) Rules, 1973 and emphasized that any challenge to the inquiry must be pursued through the Service Tribunal as per Article 212 of the Constitution. The petition was dismissed in limine, affirming that constitutional jurisdiction does not extend to such disciplinary matters. |
| Summary |
This case revolves around the dismissal of a petition by Muhammad Aslam Hayat, a civil servant, against the Government of Pakistan regarding disciplinary proceedings initiated against him. The Islamabad High Court, presided over by Justice Aamer Farooq, ruled that the Service Tribunal holds exclusive jurisdiction over such matters as outlined in the Service Tribunals Act, 1973 and Article 212 of the Constitution of Pakistan. The court highlighted that the petitioner was entitled to a fair trial under Article 10A of the Constitution, which mandates the provision of necessary documents for defense in departmental proceedings. However, it emphasized that any grievances related to the terms and conditions of service must be addressed before the Service Tribunal and not through constitutional petitions. Consequently, the court dismissed the petition, reinforcing the legal framework governing civil servants' inquiries and the jurisdictional limitations imposed by the Constitution. This case serves as a significant reference point on the jurisdictional boundaries between the High Court and the Service Tribunal, particularly in relation to civil service disciplinary actions. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Aamer Farooq
|
| Lawyers |
Ms. Asma Jahangir
|
| Petitioners |
Muhammad Aslam Hayat
|
| Respondents |
Government of Pakistan and Others
|
| Citations |
2017 SLD 797,
2017 PLC 260
|
| Other Citations |
Aneesur Rehman v. Federation of Pakistan and others 2010 PLC (C.S.) 812,
Javed Iqbal Awan v. Zari Taraqiati Bank Ltd. and 2 others 2006 PLC (C.S.) 661,
G. Asghar Malik v. Federation of Pakistan and others 2002 SCMR 433,
Shakeel Ahmed v. Commandant 502 Central Workshop EME Rawalpindi and another 1998 SCMR 1970,
Jan Muhammad v. The General Manager, Karachi Telecommunication Region, Karachi and another 1993 SCMR 1440,
Tahir Mahmud v. Qasim M. Niazi and others 2014 PLC (C.S.) 1199,
Muhammad Adnan Moin v. Federation of Pakistan and others 2016 PLC (C.S.) 549,
Secretary Establishment Division, Federation of Pakistan, Islamabad v. Aftab Ahmed Manika and others 2015 SCMR 1006,
Syed Mazhar Hussain Bukhari v. Secretary, Government of Punjab Local Government and Rural Development, Department, Lahore and others 1998 SCMR 1948,
Tahir Jamil Butt v. Mian Jehangir Pervaiz and another 1999 SCMR 2779,
I.A. Sharwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041
|
| Laws Involved |
Service Tribunals Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
4,
10A,
199,
212
|