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MABOOD KHAN versus AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN


Section 3 and 5 Service Tribunals Act (LXX of 1973), Section 4 Constitution of Pakistan (1973), Article 212 (3) is not considered to be a civil servant for the purposes of the Civil Servants Act or the Service Tribunals Act, of which the relevant High Court Has jurisdiction. Only the employee with whom the matter has been relieved can receive relief from the Service Tribunal, under the provisions of Section 3 of Ordinance XIII of 1978 where against the employee of the Corporation under the provisions of Ordinance XIII of 1978 No action was taken, such an employee cannot be considered a public servant, either for the purposes of the Civil Servants Act 1973 or the Service Tribunals Act 1973, the constitutional procedure provided under the provisions of Article 212 shall not be cured. Applicants seeking relief from the court will not be barred. Questions regarding its constitutional jurisdiction, whether the applicant was a legal employee and whether he was denied the protection available under the law, must be determined at an earlier stage. Ennis, by the High Court

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