| Case ID |
43c99640-38b7-4537-a211-833dbef06487 |
| Body |
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| Case Number |
D-543 of 1997 |
| Decision Date |
May 20, 1998 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Abdul Razzak challenging his reversion from the post of Audit Officer. The court held that as a civil servant, he was required to address his grievances before the Service Tribunal under Article 212 of the Constitution of Pakistan. The court emphasized that where the jurisdiction of an administrative court or tribunal exists, it ousts the jurisdiction of the High Court under Article 199. The petitioner’s claims regarding the legality of his reversion were deemed not maintainable, leading to the dismissal of the petition in limine, with no order as to costs. |
| Summary |
In the case of Abdul Razzak vs. Government of Sindh, the Sindh High Court addressed the constitutional petition challenging the reversion of Abdul Razzak, a civil servant. The court's decision highlighted the importance of the Service Tribunal's jurisdiction under Article 212 of the Constitution of Pakistan, which clearly states that civil servants must pursue their grievances through the appropriate tribunal rather than the High Court. The court found that the petitioner had not established a valid basis for invoking High Court jurisdiction, as the reversion order was related to the terms and conditions of service. The ruling underscored the legal principle that once an administrative court has jurisdiction, it excludes the High Court's jurisdiction in similar matters. This case serves as a significant reference for civil service disputes regarding promotion and reversion, illustrating the procedural requirements for challenging administrative actions in Pakistan's legal framework. Key terms include 'constitutional petition', 'civil servant', 'Service Tribunal', and 'jurisdiction'. |
| Court |
Sindh High Court
|
| Entities Involved |
Board of Intermediate and Secondary Education, Sukkur
|
| Judges |
ALI MUHAMMAD BALOCH,
ABDUL GHANI SHAIKH
|
| Lawyers |
Manzar Alam,
Qadir Bux Menton,
Zawar Hussain Jaffri
|
| Petitioners |
ABDUL RAZZAK
|
| Respondents |
others,
GOVERNMENT OF SINDH
|
| Citations |
1998 SLD 1581,
1998 PLC 1269
|
| Other Citations |
1996 PLC (C.S.) 1061,
1994 PLC (C.S.) 336,
PLD 1996 SC 632,
1997 PLC (C.S.) 422,
PLD 1981 Kar. 290,
1991 SCMR 1049
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
212
|