1995 PLP (C (PLC(CS))
KIFAYATULLAH Versus FIDAYAT SHAH, EXECUTIVE ENGINEER, PESHAWAR and 5 others
| Citation | 1995 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ |
| Parties | KIFAYATULLAH Versus FIDAYAT SHAH, EXECUTIVE ENGINEER, PESHAWAR and 5 others |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Mukhtar Ahmed Junejo, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP (C (PLC(CS)) (KIFAYATULLAH Versus FIDAYAT SHAH, EXECUTIVE ENGINEER, PESHAWAR and 5 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Sardar Khan, Senior Advocate Supreme Court instructed by Abdul Hamid Qureshi, Advocate‑on‑Record for Petitioner.
- Qazi M. Anwar, Senior Advocate Supreme Court with Abdul Zahoor Ahmad Qureshi, Advocate‑on‑Record for Respondent No. 1.
- Date of hearing: 18th December, 1994.
Headnotes / Summary
(On appeal from the order of the Peshawar High Court, Peshawar dated 7‑9‑1994 in W.P. No. 449 of 1994 in C.M. No. 578/94 and C.M. No.550/94). ‑‑‑‑Arts. 185(3), 212 & 199‑‑‑Service Tribunals Act (LXX of 1973), S. 4‑‑‑Leave to appeal was granted to consider whether in view of bar contained in Art. 212 of the Constitution and S. 4, Service Tribunals Act, 1973, High Court was justified in passing impugned order relating to civil servant in exercise of its Constitutional jurisdiction.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.‑‑‑Leave is granted in the case to consider whether in view of the bar contained in Article 212 of the Constitution of Pakistan read with section 4 of Service Tribunals Act, 1973 the learned Judges of the High Court of Peshawar, were justified in passing the impugned order in Writ Petition No.449 of 1994 filed by respondent No.1. The interim order dated 27‑9‑1994 to remain operative until hearing of the appeal. AA./K‑263/S Leave granted.