Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: KIFAYATULLAH VS Respondent: FIDAYAT SHAH, EXECUTIVE ENGINEER, PESHAWAR
1995 P L C (C
1995 P L C (C.S.) 738
[Supreme Court of Pakistan]
Present: Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ
KIFAYATULLAH
versus
FIDAYAT SHAH, EXECUTIVE ENGINEER, PESHAWAR and 5 others
Civil Petition for Leave to Appeal No. 306/P of 1994, decided on 18th December, 1994.
(On appeal from the order of the Peshawar High Court, Peshawar dated 7‑9‑1994 in W.P. No. 449 of 1994 in C.M. No. 578/94 and C.M. No.550/94).
Constitution of Pakistan (1973)‑‑‑
‑‑‑‑Arts. 185(3), 212 & 199‑‑‑Service Tribunals Act (LXX of 1973), S. 4‑‑‑Leave to appeal was granted to consider whether in view of bar contained in Art. 212 of the Constitution and S. 4, Service Tribunals Act, 1973, High Court was justified in passing impugned order relating to civil servant in exercise of its Constitutional jurisdiction.
M. Sardar Khan, Senior Advocate Supreme Court instructed by Abdul Hamid Qureshi, Advocate‑on‑Record for Petitioner.
Qazi M. Anwar, Senior Advocate Supreme Court with Abdul Zahoor Ahmad Qureshi, Advocate‑on‑Record for Respondent No. 1.
Date of hearing: 18th December, 1994.
ORDER
SAIDUZZAMAN SIDDIQUI, J.‑‑‑Leave is granted in the case to consider whether in view of the bar contained in Article 212 of the Constitution of Pakistan read with section 4 of Service Tribunals Act, 1973 the learned Judges of the High Court of Peshawar, were justified in passing the impugned order in Writ Petition No.449 of 1994 filed by respondent No.1. The interim order dated 27‑9‑1994 to remain operative until hearing of the appeal.
AA./K‑263/S Leave granted.