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Petitioner: MUHAMMAD ASHRAF VS Respondent: FEDERATION OF PAKISTAN
1995 P L C (C
1995 P L C (C.S.) 42
[Lahore High Court]
Before Ihsan‑ul‑Haq Chaudhry J
MUHAMMAD ASHRAF
versus
FEDERATION OF PAKISTAN and others
Writ Petition No. 5877 of 1993, heard on 15th May, 1994.
Constitution of Pakistan (1973)‑‑‑
‑‑‑‑Arts. 212 & 199‑‑‑Civil servant‑‑‑Question relating to terms and conditions of civil servant‑‑‑Bar of jurisdiction of High Court‑‑‑Question for determination before High Court in its Constitutional jurisdiction was whether civil servant had been rendered invalid and unfit for further service or not‑‑ Such question related to terms and conditions of service, therefore, same could only be raised before Service Tribunal after exhausting departmental remedies, if any‑‑‑Jurisdiction of all Courts including High Court was barred under Art. 212 of the Constitution‑‑‑Constitutional petition under Art. 199 of the Constitution was incompetent in circumstances.
M. Saleem Akhtar for Petitioner.
Ch. Yawar Ali for Respondents.
Date of hearing: 15th May, 1994.
JUDGMENT
The petitioner is serving as Constable in the Railway Police. He applied for retirement on the ground of ill‑health. Accordingly he was referred to Medical Board who vide certificate dated 16th of February, 1993 declared him unfit for further service. It seems that respondent No. 3 entertained some doubts as to the genuineness of the report of the Medical Board, therefore, he referred the petitioner to the D.M.O. for fresh check‑up and report. The petitioner ‑has taken exception and challenged the same through this Constitutional petition, which was admitted to hearing and the notice was issued to the respondents, who have entered appearance through the Federal Counsel and contested the petition.
2. The learned counsel for the petitioner in support of the petition argued that a Principal, Divisional or District Officer of the branch or the department concerned may submit a requisition for reconsideration by the Chief Medical Health Officer of the case of an employee concerning the adverse certificate which has been issued by an examiner authorised to do so under Regulation 4. The requisition includes statement of any special circumstances and will be sent through the Divisional Medical Officer. who in forwarding it will attach a report of examination. The learned counsel in this behalf has referred to Regulation 5(b)(ii).
3. On the other hand, Mr. Yawar Ali, Advocate argued that the Regulation is not relevant and there is no bar to refer an employee for second opinion. It is added that the petitioner if aggrieved by the order of the S.P. dated 9‑5‑1993 should impugned the same through an appeal before the Federal Service Tribunal and the jurisdiction of all other Courts is barred under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973.
4. In view of proposed order, I need not deal with the merits of the case with reference to the relevant paras and regulations. The learned Standing Counsel has raised the preliminary objection as to the competency of the petition. The question for determination is whether the petitioner had been rendered invalid and unfit for further service or not? This is a question of terms and conditions of service and the same could only be raised before the Federal Service Tribunal after exhausting the departmental remedies, if any. The jurisdiction of all Courts including High Court is barred under Article 212 of the Constitution.
5. The upshot of the above discussion is that this petition is dismissed as incompetent. There is no order as to costs.
A.A./M‑1730/L Petition dismissed.