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2000 PLC(CS) 118

PROVINCE OF PUNJAB and another vs Ch. MUHAMMAD ASHRAF and another

Petitioner: PROVINCE OF PUNJAB and another VS Respondent: Ch. MUHAMMAD ASHRAF and another

Court: Supreme Court of Pakistan Decision Date: 1999-09-23

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Irshad Hasan Khan, Sh. Ijaz Nisar Title: PROVINCE OF PUNJAB and another vs Ch. MUHAMMAD ASHRAF and another Case No.: Civil Petitions for Leave to Appeal. Nos,718-L, 719-L and 961-L of 1999, Date of Judgment:1999-09-23 Reported As: 2000 PLC (C.S.) 118 Result: Petition dismissed

Judgment ORDER ' We are inclined to agree with the learned counsel for the petitioner that the matters relating to terms and conditions of service of the civil servants also include suspension from service of a civil servant and that the Service Tribunal alone has the jurisdiction to adjudicate upon such matters in appropriate proceedings. The jurisdiction of the High Court is clearly barred in such matters under Article 212 of the Constitution. ' Be that as it may, in the instant case, we find that continuous suspension from service of the respondents was ex facie unjustified. This is, therefore, not a fit case for interference with the impugned order of the High Court. This order is, however, confined to the facts of this case alone. ' Resultantly the petition is dismissed and leave declined.

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