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Petitioner: KHURSHID AHMAD NAZ VS Respondent: DEPUTY COMMISSIONER, D.G. KHAN
1983 P L C (C
1983 P L C (C.S.) 46
[Lahore High Court]
Before Rustum S. Sidhwa, J
KHURSHID AHMAD NAZ
versus
DEPUTY COMMISSIONER, D.G. KHAN AND ANOTHER
Writ Petition No. 87 of 1981, decided on 8th June, 1982.
(a) Punjab Service Tribunals Act (IX of 1974)‑
‑‑S. 4‑Suspension from service‑Final order for purpose of S. 4 Appealable before Service Tribunal‑Writ Petition challenging suspension order, held, not maintainable‑Writ jurisdiction‑Cons titution of Pakistan (1973), Arts. 199 and 212.
Muhammad Sadiq Khokhar v. Engineering Chief, Pakistan Army, GHQ 1981 P L C (C. S.) 123 and Khadim Hussain v. Chief Engineer, Irrigation 1981 P L C (C. S.) 826 rel.
(b) Punjab Local Government Ordinance (VI of 1979)‑‑
‑‑ S. 44 read with Punjab Service Tribunals Act (IX of 1974), S. 4‑Official serving in Town Committee belonging to Local Council Service‑Civil servant for purpose of Punjab Service Tribunals Act, 1974‑Remedy to challenge his suspension from service is by appeal before Service Tribunal‑Writ Petition before High Court not maintainable‑Writ jurisdiction‑Constitution of Pakistan, 1973, Arts. 199 and 212.
Iqbal Ahmad Malik for Petitioner. Nemo for Respondent No. 1. Sardar Asif Saeed Khosa for Respondent No. 2.
Date of hearing : 8th June, 1982.
JUDGMENT
This is a Constitutional petition filed by Khurshid Ahmad, petitioner, calling in question the order of his suspension from service passed by the Town Committee Mithan Kot respondent No. 2 on 15th August, 1980.
2. The case of the petitioner is that basically he is a member of the Local Council Service, but the Town Committee, Mithan Kot, respondent No. 2, treated him as non‑L.C.S. employee and suspended him from service on 15th August, 1980.
3. I have heard the arguments of the learned counsel for the petitioner and respondent No. 2. Since it is the case of Khurshid Ahmad, petitioner, that he is a member of the Local Council Service, then, by virtue of section 44 of the Punjab Local Government Ordinance VI of 1979, he shall be deemed to be a civil servant for the purpose of the Punjab Service Tribunals Act, IX of 1974. As a civil servant, his remedy to challenge his suspension from service, lies before the Punjab Service Tribunal. An order of suspension is treated as a "final older", for the purpose of section 4 of the Punjab Service Tribunals Act, IX of 1974. If any autho rity is required for this view, Muhammad Sadiq Khokhar v. Engineering Chief, Pakistan Army, GHQ (1981 P L C (C. S.) 123) and Khadim Hussain v. Chief Engineer Irrigation (1981 P L C (C. S.) 826) may be cited. In these circumstances and also by virtue of section 212 of the 1973 Constitution, this Court has no jurisdiction to deal with the case. The petitioner, if so advised, should move the Punjab Service Tribunal for the redress of his grievance,
For the foregoing reasons there being no merit in this petition, the sums is dismissed. There shall be no order as to costs.
Petition dismissed.