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Civil Petition for Special Leave to Appeal No. 278 of 1982, decided on 19th March, 1984.
(On appeal from the judgment dated 23rd January, 1982, of the Lahore High Court in Writ Petition No. 8936‑S/1980),
‑‑-Arts. 212(3) & 199‑Punjab Service Tribunals Act (IX of 1974), S. 4‑Leave to appeal‑Granted to examine substantial question of law of public importance in relation to powers of High Court to set aside orders of Service Tribunal in exercise of writ jurisdiction and involving interpretation of Art. 212 of Constitution.
M. M. Saeed Beg, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on‑Record for Petitioners.
Sh. Salahuddin, Advocate‑on‑Record for Respondent.
Date of hearing : 19th March, 1984,
The learned counsel for the petitioners drew our attention to paras. 11 and 12 of the judgment of the learned Single Judge in the High Court which read as follows :‑
"11. The learned counsel for the respondents (petitioners herein) then came forthwith another submission resting on Article 212 of the Constitution to urge that the Service Tribunal's order is appealable before the Supreme Court and as another adequate remedy is avail able to the petitioner (respondent herein), the writ petition is not maintainable.
12. This argument does not deserve any serious consideration, for, under Article 212, an appeal lies to the Supreme Court only if the case involves a substantial question of law of public importance. However, the instant case does not present any such question of law of public importance but nevertheless it being an order based on no evidence and also violative of the mandatory provision of the police rules, is liable to be struck down in exercise of constitutional jurisdiction of this Court."
It is submitted that the view of the learned Judge that the writ jurisdic tion of the High Court would be available in the circumstances alluded by him above in untenable Article 212 of the Constitution created Service Tribu nal's confessing upon them exclusive jurisdiction in respect of the matters relating to the terms and conditions of persons in the service of Pakistan. Under sub‑Article (3) of Article 212 of the Constitution, a civil servant has been given the right of appeal to the Supreme Court, provided the appeal involved a substantial question of law of public importance. If no such question is involved the civil servant has no remedy and he is not an aggrieved person within the meaning of Article 212 of the Constitution.
It is further submitted that it is established law that disputed ques tions of fact cannot be determined in writ jurisdiction. The learned Service Tribunal had given a finding of fact that the charge‑sheet and the statement and the statement of allegations were served on the respondent herein. This, finding of fact could not be reversed in writ jurisdiction. The High Court could not hold an independent enquiry on a factual matter.
This petition raises a substantial question of law of public importance in relation to the powers of the High Court to set aside orders of the Service Tribunal in exercise of its writ jurisdiction and involves the interpretation of Article 212 of the Constitution. Leave is, accordingly, granted.
The interim order suspending the operation of the judgment of the High Court is confirmed.
The appeal shall be made ready on the present record with liberty to the parties to add further documents, if any, and put up for hearing as early as possible.
S. Q. Leave granted.
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