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Petitioner: MUHAMMAD IQBAL BUTT VS Respondent: WAPDA
1991 P L C (C
1991 P L C (C.S.) 512
[Lahore High Court]
Before Irshad Hasan Khan, J
MUHAMMAD IQBAL BUTT
Versus
WAPDA and others
Writ Petition No. 6645 of 1990, decided on 23rd December, 1990.
Service Tribunals Act (LXX of 1973)---
----S. 4---Constitution of Pakistan (1973), Art. 212(2)---Constitutional petition-- Suspension---Grievance of petitioner relating to terms and conditions of service and dispute with regard thereto falling within exclusive jurisdiction of Service Tribunal---Final order qua petitioner's suspension not yet passed by Authorities and petitioner was unable to approach Service Tribunal---Held, Constitution petition filed by petitioner was not maintainable---Petitioner would have to wait till final order passed against him enabling him to file an appeal there against before Tribunal.
Muhammad Sadiq Khokhar v. Engineer-in-Chief, Pakistan Army, GHQ, and another 1985 S C M R 63 and Abdul Wahab Khan v. Government of the Punjab and 3 others P L D 1989 S C 508 rel.
Ch. Riaz Ahmad for Petitioner.
Faqir Muhammad Khokhar, Dy. Attorney-General for Respondents.
ORDER
The petitioner is a Lower Division Clerk in the office of Consumer Service Office, Electricity, WAPDA, Daska, District Sialkot. He is aggrieved by Government of Pakistan, Ministry of Interior and Narcotics Control (Interior Division) letter No. 5/56/(P)/89-FIA(IV), dated 19th May, 1990, whereby WAPDA was directed to suspend the petitioner from service vide para. 12 of the instructions circulated with this Ministry's O.M. No. 1/21/74-SP(P), dated 5-3-1975.
2. It is not necessary to go into the merits of the case. Suffice it to say, that the impunged direction for suspending the petitioner relates to his terms and conditions of service and a dispute with regard thereto falls within the exclusive jurisdiction of Service Tribunal under Article 212(2) of the Constitution. Refer Muhammad Sadiq Khokhar v. Engineer-in-Chief, Pakistan Army, GHQ, and another 1985 S C M R 63 and Abdul Wahab Khan v. Government of the Punjab and 3 others P L D 1989 S C 508. When faced with this, the learned counsel for the petitioner submitted that the petitioner has not yet been suspended and therefore, he cannot approach the Service Tribunal till a final order is passed against him which is appealable before the Service Tribunal.
3. I am afraid the petitioner would have to wait till such order is passed against them which is appealable before the Tribunal. The writ petition is not maintainable. This view finds support from the case of Abdul Wahab Khan (supra). In view of the above, the writ petition is hereby dismissed in limine.
M.Y.H./M-2740/L Petition dismissed.