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Petitioner: SHAHID AKBAR VS Respondent: COLLECTOR OF CUSTOMS
1992 P L C (C
1992 P L C (C.S.) 983
[Karachi High Court]
Before Syed Abdur Rehman, J
SHAHID AKBAR
Versus
COLLECTOR OF CUSTOMS and others
Suit No. 35 of 1990, decided on 23rd December, 1990.
(a) Constitution of Pakistan (1973)---
----Art. 212---Jurisdiction of Service Tribunal---Exclusion of jurisdiction of all other Courts---Extent---Removal from service or threatened removal from service of Government servant---Remedy---Plaintiff having been appointed on ad hoc basis was not regularised and his services were terminated---In case of removal from service or in case of threatened removal from service, remedy of Government servant would lie in riling of appeal before Service Tribunal-- Jurisdiction of all other Courts including Civil Court was barred in such matters.
(b) Civil service---
---- Ad hoc appointee---Case of ad hoc appointee was on lower footing than that of regular employee---Ad hoc appointee had no vested right to continue in service and his services could be terminated at any time.
Khalilur Rehman and others v. Government of Pakistan and others PLD 1981 Kar. 750; Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290; Noor Muhammad v. Civil Aviation Authority and another 1987 CLC 393 and Dr. M.S. Qureshi v. West Pakistan Government and another PLD 1.906 (W.P.) Lah. 825 ref.
(c) Civil Procedure Code (V of 1908)---
----O. VII, R. 11---Bar of jurisdiction of Civil Court---Civil Court's jurisdiction was barred in matters relating to removal from service or threatened removal from service of Government servant---Plaintiff having no prima facie case against his removal from service, his plaint was rejected under provision of O.VII, R.11, Civil Procedure Code, 1908.
Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 ref.
G.M. Qureshi for Plaintiff:
Abul Khair for Defendant No. 1.
Date of hearing: 23rd December, 1990.