' Mukhtar Ahmed Tariq, the husband of the petitioner, was Group Inspector of Special Ticket Examiner, in the Pakistan Railways at Khanewal, when due to absence from the duty, his services were terminated, vide order dated 19-5-2002; he challenged the said order before the Federal Service Tribunal, claiming that before passing of the order, he was not provided with an opportunity of hearing; though show-cause notice was issued to him, to which, he replied, but no regular inquiry after the submission of the defence was conducted, and the order dated 19-5-2002, was passed in violation of the principles of natural justice.
2. While the appeal was pending before the Federal Service Tribunal, Mukhtar Ahmed Tariq, died and his widow, the present petitioner, moved an application for early hearing of the appeal, when the following order, on 19-12-2003, was passed:- "This is an application for early hearing of the appeal. The application is filed by widow of the appellant. We would have considered this application but we are unable to do so as with the death of the appellant the appeal has abated in this Tribunal. The legal heirs of the deceased appellant may seek remedy in the appropriate Court. The appeal along with application is disposed of.
2-A. The counsel for the petitioner states that had the appeal of Mukhtar Ahmed was heard and decided by the Tribunal on merits, his dismissal order passed by the respondent, was likely to be set aside, because the same was passed in flagrant violation of the rule of natural justice and was thus void. It is further submitted that even due to the death of the petitioner's husband and the abatement of his appeal before the Tribunal, the present petition is competent and in this regard, an observation has also been made by the Tribunal in its order dated 19-12-20W.
3. Mr. M. Abbas Mirza, counsel for the respondents has objected to the maintainability of this petition and has argued that under Article 199 of the Constitution of Islamic Republic of Pakistan, a writ cannot be issued in the service matters, which are within the exclusive jurisdiction of the Tribunal, as enshrined by Article 212. As the appeal of Mukhtar Ahmed Tariq has abated, therefore, his legal heirs ' cannot challenge the same order in the Constitutional jurisdiction.
4. Heard. If the order dated 19-5-2002, as has been argued by the counsel for the petitioner, is void, obviously, if Mukhtar Ahmed Tariq had remained alive, he might have been successful before the Service Tribunal. But unfortunately he demised, before the decision of his appeal, which for technical reason has been disposed of. However, the legal heirs of the deceased, would survive the cause of action i.e. The right to agitate and show that the said order impugned is illegal and void.
Because they obviously, on account of the order, have been prejudiced and if the order is done away, they are entitled to the benefits, which are available to the heirs of the deceased employee of the Pakistan Railway. It is settled law that the right of an aggrieved party cannot left in vacuum on the pretext that no forum is available to decide the same. In my view, where a wrong has been done and a right has been infringed, for which there always is a remedy, notwithstanding any other forum, the High Court, in its Constitutional jurisdiction can grant appropriate relief, provided the order or action challenged in the petition is by a "person" within the meaning of Article 199 and is without lawful authority.
' In the instant case, respondents have failed to establish, if any lawful inquiry was conducted by the respondents against the deceased, in which, he was associated and was provided with an opportunity to meet and contradict the evidence led against him, therefore, the order dated 19-5- 2002, seriously impinges upon the rule of natural justice and is void. Resultantly, the said order is declared to be passed without jurisdiction and lawful authority, with the consequences that Mukhtar Ahmed Tariq would be deemed into service since 19-5-2002 and the right of the petitioner inter alia shall be considered to be that of the legal heirs of the deceased employee of the Pakistan Railways and they shall accordingly be paid all the requisite dues. Disposed of.