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FAZAL ELAHI versus DEPUTY DIRECTOR, FOOD


Section 4 of the Punjab Service Tribunals Act 1974 and the Provisional Constitution Order (1 of 1981), the order of suspension of Art 9 cannot be challenged in the writ jurisdiction under the exclusive jurisdiction of the service tribunal.

1984 P L C (C. S.) 1681

[Lahore High Court]

Before Saad Saood Jan, J

Rana FAZAL ELAHI

versus

DEPUTY DIRECTOR, FOOD AND OTHERS

Writ Petition No. 108 of 1984, decided on 28th March, 1984.

Punjab Service Tribunals Act (IX of 1974)‑--

‑‑ S. 4 and Provisional Constitution Order (1 of 1981), Art 9‑Suspension order‑Legality of‑Within exclusive jurisdiction of Service Tribunal‑Cannot be challenged in writ jurisdiction.

Muhammad Sadiq Khokhar v. Engineer‑in‑Chief N L R 1979 Service (S C) 99 rel.

S. H. M. Rizvi v. Maqsood Ahmad P L D 1981 S C 612 distinguished.

Rao Hamid Mukhtar Khan for Petitioner.

ORDER

The petitioner is a civil servant. He challenges the legality of the order whereby he has been placed under suspension. I am afraid this Court cannot examine this matter as it falls within the exclusive jurisdiction of the Service Tribunal. See Muhammad Sadiq Khokhar v. Engineer‑in‑Chief (N L R 1979 Service (S C) 99).

Learned counsel for the petitioner has referred to S. H: M. Rizvi v. Maqsood Ahmad (P L D 1981 S C 612) but that is not relevant for the petitioner is not seeking an early disposal of his appeal by the department but challenging the very legality of the order of suspension. Dismissed.

A. E. Petition dismissed.

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