| Case ID |
38a7beb1-136e-4b2b-8fdd-3f419f70ea61 |
| Body |
View case body. Login to View |
| Case Number |
W.P.No. 3062-P of 2014 |
| Decision Date |
Dec 24, 2014 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition filed by the petitioner, ABDUL HAMEED, challenging his suspension order dated 11.9.2014. The court held that the petitioner, a civil servant, had been suspended pending disciplinary action and that the suspension was not a punishment but a temporary measure. The court emphasized that the authority had the power to suspend the petitioner based on the circumstances of the case, and that there were alternate remedies available for the petitioner to address his grievances, specifically through the Service Tribunal. The court noted that the constitutional jurisdiction under Article 199 was not maintainable in this instance as the petitioner had not availed himself of the proper channels for appeal. Furthermore, the court reiterated that if the suspension order had attained finality, it could only be challenged before the Service Tribunal, thus reinforcing the jurisdictional boundaries set forth by the Constitution. |
| Summary |
In the case of W.P.No. 3062-P of 2014 decided by the Peshawar High Court, the issue at hand revolved around the suspension of the petitioner, ABDUL HAMEED, who was serving as a Sub-Divisional Forest Officer. The petitioner challenged the legality of his suspension through a constitutional petition. The court clarified the nature of suspension under the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011, affirming that suspension is a temporary measure and not a punitive action. The High Court articulated that the authority responsible for appointing civil servants also holds the power to suspend them, particularly when charges against them may hinder their duties or involve moral turpitude. The court found that the petitioner had not pursued available remedies, such as appealing to the Service Tribunal, which precluded the High Court from exercising its jurisdiction under Article 199 of the Constitution. Consequently, the petition was dismissed, allowing the petitioner the option to seek remedy through the appropriate tribunal. This case underscores the importance of following procedural avenues in administrative law and highlights the balance between civil service discipline and constitutional rights. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL LATIF KHAN,
SYED AFSAR SHAH
|
| Lawyers |
Shahzada Irfan Zia,
Syed Qaisar Ali Shah, A.A.G.
|
| Petitioners |
ABDUL HAMEED
|
| Respondents |
PROVINCE OF K.P.K. through Chief Secretary, Peshawar and 3 others
|
| Citations |
2016 SLD 796 = 2016 PLC 424
|
| Other Citations |
Government of N.W.F.P. v. I.A. Sherwani PLD 1994 SC 72,
Muhammad Sadiq Khokhar's case 1985 SCMR 63
|
| Laws Involved |
Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules, 2011,
General Clauses Act (X of 1897),
Constitution of Pakistan
|
| Sections |
16,
199
|