Pakistan Case Lawโ† Search
1991 PLC (C.S.) 512

MUHAMMAD IQBAL BUTT vs WAPDA and others

Citation1991 PLC (C.S.) 512
CourtLahore High Court
Case No.Writ Petition No, 6645 of 1990
Date1990-12-23
Judge(s)Irshad Hasan Khan
ResultPetition dismissed

ORDER

' The petitioner is a Lower Division Clerk in the office of Consumer Service Office, Electricity, WAPDA, Daska, District Sialkot. He is aggrieved by Government of Pakistan, Ministry of Interior and Narcotics Control (Interior Division) letter No, 5/56/(P)/89-FIA(IV), dated 19th May, 1990, whereby WAPDA was directed to suspend the petitioner from service vide para. 12 of the instructions circulated with this Ministry's O.M. No, 1/21/74-SP(P), dated 5-3-1975.

2. It is not necessary to go into the merits of the case. Suffice it to say, that the impunged direction for suspending the petitioner relates to his terms and conditions of service and a dispute with regard thereto falls within the exclusive jurisdiction of Service Tribunal under Article 212(2) of the Constitution. Refer Muhammad Sadiq Khokhar v. Engineer-in-Chief, Pakistan Army, GHQ, and another 1985 SCMR 63 and Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508. When faced with this, the learned counsel for the petitioner submitted that the petitioner has not yet been suspended and, therefore, he cannot approach the Service Tribunal till a final order is passed against him which is appealable before the Service Tribunal.

3. I am afraid the petitioner would have to wait till such order is passed against them which is appealable before the Tribunal. The writ petition is not maintainable. This view finds support from the case of Abdul Wahab Khan (supra). In view of the above, the writ petition is hereby dismissed in limine.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch