| Case ID |
42c07981-6ad3-4c91-b90e-7b82d94ff2da |
| Body |
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| Case Number |
D-352 of 1994 |
| Decision Date |
Feb 08, 1995 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the petition filed by Dr. Shakeel Ahmad, challenging the order to proceed on earned leave without his consent. The court held that the order was final and could be challenged only before the Service Tribunal. The court emphasized the need for formal requests for leave and ruled that any claims of mala fides must be substantiated with clear evidence. The High Court concluded that the matter was within the exclusive jurisdiction of the Service Tribunal and therefore refrained from exercising its jurisdiction in this case. |
| Summary |
This case involves a constitutional petition filed by Dr. Shakeel Ahmad against the Federation of Pakistan regarding a forced leave order issued by the Pakistan Postal Services Corporation. The petitioner contended that the leave was granted without his consent and was motivated by mala fides, including unfair victimization and favoritism. The Sindh High Court ruled that the order was final and that the matter should be addressed by the Service Tribunal, emphasizing the importance of procedural correctness in civil service matters. The court's decision is significant in clarifying the jurisdictional boundaries between the High Court and Service Tribunals, particularly in cases involving claims of mala fides and procedural irregularities. Key keywords include 'civil service', 'mala fides', 'jurisdiction', 'Service Tribunal', and 'constitutional petition', which are critical for legal practitioners and scholars studying administrative law and employment rights within the civil service framework. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAJIHUDDIN AHMED,
GHULAM HAIDER LAKHO
|
| Lawyers |
Manzar Alam,
Shabbir Ahmed Awan
|
| Petitioners |
Dr. SHAKEEL AHMAD
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
1995 SLD 1579,
1995 PLC 1221
|
| Other Citations |
PLD 1981 Kar. 290,
PLD 1973 SC 49,
PLD 1974 SC 151,
PLD 1989 SC 26,
PLD 1994 SC 738,
1994 SCMR 859
|
| Laws Involved |
Constitution of Pakistan (1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
199,
212,
4
|