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5467/2021 Const. P. Jamal Muhammad (Petitioner) V/S Province of Sindh and Others (Respondent)

Sindh High CourtConstitutional Law2021

Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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5467/2021 Const. P. Jamal Muhammad (Petitioner) V/S Province of Sindh and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 10-SEP-21

Admittedly the petitioner is/was a civil servant and the question of the disciplinary proceedings initiated against him ought to have been assailed before the learned Sindh Service Tribunal under section 4 of the Sindh Service Tribunal Act, 1974, however, he remained silent for the considerable time and purportedly preferred mercy appeal for reinstatement in service in the year 2008 followed by another application in the year 2020. Besides that, the disciplinary matters fall within the expression terms and conditions of service. Hence, the same cannot be called into question under Article 199 of the Constitution to set aside the dismissal from service order.

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