2012 P L C (C.S.) 106
[Balochistan High Court]
Before Qazi Faez Isa, C.J. and Muhammad Hashim Khan K akar, J
NIAZ MUHAMMAD KHOSO
Versus
GOVERNMENT OF BALOCHISTAN through Chief Secretary, Quetta and 2 others
Constitutional Petition No.639 of 2011, decided on 10th October, 2011.
Balochistan Service Tribunals Act (V of 1974) ---
---Ss. 4 & 5(2) ---Constitution of Pakistan, Art.199 ---Constitutional petition ---Maintainability ---
Non-implementation of order of re -instatement in service passed by Service Tribunal ---Service
Tribunal by virtue of S.5(2) of Balochistan Service Tribunals Act, 1974 was a ci vil court for
purpose of deciding appeal regarding terms and conditions of a civil servant, thus, had powers of
a civil court including those required to implement its judgments as provided under provisions of
C.P.C. ---Service Tribunal in case of disobedi ence of its judgment could enforce same under
applicable provisions of C.P.C. ---Petitionet could avail such alternate and efficacious remedy
before Service Tribunal ---High Court disposed of constitutional petition, in circumstances.
Shoukat Ali Rakhshan i for Petitioner.
Nemo for Respondents.
Date of hearing: 6th September, 2011.
JUDGMENT
MUHAMMAD HASHIM KHAN KAKAR, J -- The following relief has been sought by the
petitioner:
"It is respectfully prayed that the respondents may kindly be directed to implement, abide and
comply with the judgment of learned Balochistan Service Tribunal dated 12 -3-2010 by also
directing respondents to reinstate the petitioner from the date of his removal with all back -
benefits in the interest of law and justice."
2. As evident from perusal of the prayer clause, the petitioner challenges the inaction of the
respondents , by not complying with the judgment passed by the Balochistan Service Tribunal
dated 12 -3-2010, relevant portion whereof speaks as under: --
"Viewing the above, the order dated 3 -8-2007 is not sustainable, as such set aside. The matter is
remanded, to the respondent' No.1 for reinitiating/deciding the withdrawal action against the
appellant after giving him opportunity of hearing within one month. The appeal is disposed of
accordingly with no costs."
3. Mr. Shaukat Ali Rakhshani, learned counsel for the petitioner, contended that in spite of
specific direction, the respondents have failed to re -instate the petitioner; that there is no remedy
provided under the law by way of which an order passed by the Balochistan Service Tribunal
could be enforced by the petitioner.
4. After having heard the contentions raised by the learned counsel for the petitioner, we are of
the considered view that the petition er has an alternate remedy by way of filing an application
before the Service Tribunal to get its order enforced. Admittedly, Balochistan Service Tribunal is
a civil court within the meaning of section 5(2) of the Balochistan Service Tribunals Act, 1974,
which reads as under:
"5. Power of Tribunals. -
(1) A Tribunal may, on appeal confirm, set -aside, vary or modify the order appealed against.
(2) A Tribunal shall, for the purpose of deciding any appeal, be deemed to be a civil court and
shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908
(Act V of 1908), including the powers of-
(a) Enforcing the attendance of any person and examining him on oath;
(b) Compelling the production of documents;
(c) Issuing commission for the examination of witnesses and documents.
(3) No court fee shall be payable for preferring an appeal, to, or filing, exhibiting or recording
any document in, or obtaining any document from, a tribunal."
5. The above provision of law le ads us to conclude that since the Balochistan Service Tribunal is
a civil court for the purpose of deciding any appeal regarding the terms and conditions of a civil
servant, therefore, it has all the powers of a civil court including those required to impl ement its
judgments as provided under the provisions of the Code of Civil Procedure, 1908.
6. In view of the above legal position, the Balochistan Service Tribunal, being a civil court
within the meaning of section 5(2) of the Balochistan Service Tribuna ls Act, 1974, in case of the
disobedience of its judgment the same can be enforced under the applicable provisions of the
Code of Civil Procedure, 1908 if the petitioner approaches the Tribunal. The petitioner,
therefore, has an alternate and efficacious r emedy available to him and in case he wants to seek
enforcement of the judgment of the Balochistan Service Tribunal he may approach the Tribunal
for enforcement thereof.
The petition is accordingly disposed of in the aforesaid terms.
S.A:K./129/Q Petition disposed of.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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