HAFIZ TARIQ NASIM, J.--- Facts leading to this writ petition are that the petitioner while serving in Bahauddin Zakriya University was proceeded under the provision of Punjab Removal from Service (Special Powers) Ordinance, 2000, was dismissed from service through order, dated 1-8-2007, which is challenged through this writ petition under Article 199 of the Constitution of Pakistan.
2. Learned counsel for the petitioner argued the case at length and submits that the impugned action against the petitioner revolves around void proceedings, charge-sheet was not issued by the competent authority, so the structure based on that very charge-sheet which was issued without jurisdiction is liable to be set aside. Learned counsel tried to argue the case on merits but I am afraid that in the impugned controversy this Court lacks jurisdiction because the provisions of Removal from Service (Special Powers) Ordinance, 2000 are unambiguous in terms thereby the petitioner had an alternate and efficacious remedy available to him i.e, filing of appeal before the Punjab Service Tribunal, which the petitioner could avail but unfortunately the petitioner rushed to the High Court without examining the point of jurisdiction.
3. It is well-settled law laid down by the Honourable Supreme Court of Pakistan that before touching the merits of the case the point of jurisdiction is to be dealt first. In the impugned matter undisputedly the jurisdiction lies with the Punjab Service Tribunal and not with this Court.
4. So far the contention of the learned counsel that the impugned order is an outcome of void proceedings is concerned, needless to mention that the Honourable Supreme Court of Pakistan in a case reported as Khalid Mahmood Wattoo v. Government of Punjab 1998 SCM R 2280 once for all resolved that the order even without jurisdiction, mala fide action and void can only be challenged before the Service Tribunal and not before the High Court if the jurisdiction vests with the Tribunal.
5. Undisputedly the law bestows the jurisdiction on the Service Tribunal. Accordingly this writ petition on the ground of jurisdiction is dismissed, however, the petitioner if so advised may approach the proper forum.