Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Appeal No. 97 of 1975, decided on 11th August 1975.
‑‑ S. 4, Proviso and Constitution of Pakistan (1973)‑Scope‑Jurisdic tion of Tribunal‑Fitness to hold a particular post‑Beyond jurisdiction of Tribunal‑Contention that Proviso to S. 4 was repugnant to Constitution‑Tribunal, held, creature of Sind Service Tribunals Act, 1973 could not question its provisions.
Naraindas C. Motiani for Appellant.
.‑Heard Mr. Naraindas. The prayer of appellant is that he is a "fit person to be enlisted in the seniority list of 1971 and to act as a Mukhtiarkar" and that he should remain as Mukhtiarkar till this appeal is decided. Whether he is a fit person to hold particular post is beyond the jurisdiction of this Tribunal as laid down by Proviso to section 4 of Sind Service Tribunals Act, 1973. The Advocate supports that we should ignore this Proviso as it is repugnant to the provision of the present Constitution. We have no constitutional jurisdiction hence we cannot enter into that question. Secondly we are the creatures of the Sind Service Tribunals Act, 1973, and we cannot question any of its provisions. The plea of the Advocate is misconceived. The appeal is based on "fitness' for a particular post hence it is beyond its own jurisdiction. It is accordingly dismissed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer