Service Tribunal | Bar of jurisdiction | High Court | Free Law Library

2020 PLC (C.S.) 268 Sindh High Court

                 Petitioner sought direction for issuance of posting order—Bar of jurisdiction contained in Art.212 of the Constitution—Effect—Petitioners filed appeal before Service Tribunal but same was dismissed and thereafter present constitutional petition had been filed—Held, High Court could not entertain grievance of petitioners in view of the bar contained under Art. 212 of the Constitution—Matter did fall within the exclusive domain of Supreme Court being Appellate Court against the decision of Service Tribunal— Petitioners might avail appropriate remedy as provided under the law—Constitutional petition was dismissed, accordingly.

                   Upon query by this Court as to how the instant Petition is maintainable against the common order dated 07.12.2015 passed by the learned Sindh Service Tribunal at Karachi in Service Appeal No. 1586 of 2015 along with connected Appeals as the Petitioners have failed to file Petitions for Grant of leave to Appeal before the Hon’ble Supreme Court of Pakistan against the order dated 07.12.2015 passed by the learned Sindh Service Tribunal as provided under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973. The Petitioner No.1 reiterated his above arguments and stated that this is a case of hardship and they have no other forum to agitate their grievance and this Court can hear and decide the matter on merits. Be that as it may, we are cognizant of the fact that this Court cannot entertain the grievance of the Petitioners under Article 199 of the Constitution, in view of the bar contained under Article 212(3) of the Constitution, which ousts the jurisdiction of this Court. The ouster clause under Article 212(3) of the Constitution is a Constitutional command, which restricts the jurisdiction of this Court on the subject, which squarely falls within the exclusive domain of the Hon’ble Supreme Court of Pakistan, being the Appellate Court in respect of the decisions of Service Tribunals. We are fortified on this point by the decision of the Hon’ble Supreme Court in the case of Ali Azhar Khan Balouch and others v. Province of Sindh and others (2015 SCMR 456). Therefore, the forum chosen by the Petitioners by invoking the Constitutional Jurisdiction of this Court under Article 199 of the Constitution is not proper under the law.
In view of the foregoing, without touching the merits of the case, the captioned Constitutional Petition is found to be devoid of jurisdictional error and is accordingly dismissed along with the listed application(s). However, the Petitioners may avail appropriate remedy as provided to them under the law. Petition dismissed.

Posted By Free Legal Library

Post excerpts