2019 PLP (C (PLC(CS)N)

ADNAN-UL-KARIM MEMON, J.

Petition seeks the following relief (s):

1. To set aside impugned Notification No.SO(G)CT and AD/ 24-20-2016 dated 9th December, 2016 passed by the Respondent No.2/Secretary of Culture, Tourism and Antiquities Department, Government of Sindh, Karachi and reinstate the Petitioner on his job and declare the said notification as null and void and ultra vires to the law.

2. To pass order for holding the proper, valid an fair inquiry of this fake dismissal and illegal appointment of Respondent No.3 which is against the bye-laws of the department and by crocking the fundamental rights of Petitioner.

3. To direct the Respondents Nos.1 and 2 to stop the Respondent No.3 to do his job and cancelled appointment of Respondent No.3 and to promote/post Petitioner on the post of Controller (BPS-19) on first priority. The learned counsel for the Petitioner has contended that the suspension order of the Petitioner from service is against the law. He further contended that the Respondents Nos.2 and 3 have misused their powers and authority in respect of seniority of the Petitioner, which is the violative of provisions of the constitution. He further contended that new appointments are recruited to defeat the rights of the old and previous employees of the department, who are not promoted in sheer violation of section 2(2) of the Civil Servants Act, 1973. He next contended that the Petitioner has been suspended from service without adopting due course of law i.e. without issuance of charge sheet, show-cause notice and holding inquiry, which is against the spirit of law. The learned counsel for the Petitioner prays for setting aside of the impugned notification. We are of the view that the Petitioner is a Civil Servant and his case falls within the ambit of Sindh Civil Servant Act, and Rules framed thereunder. It is now well settled that this Court has no jurisdiction under Article 212 of the Constitution, which oust the jurisdiction of this Court, in respect of the matters pertaining to terms and conditions of Civil Servants. The ouster contemplated under the said Article is a Constitutional command, and, therefore, of necessity which restricts the jurisdiction of this Court on the subject, squarely falling within the exclusive domain of the Sindh Service Tribunal. We are of the firm view that the expression "terms and conditions" as defined in Sindh Civil Servant Act, 1973 and Rules framed thereunder include transfer, posting, disciplinary matters and the same comes within the ambit of section 4 of the Sindh Service Tribunal Act, 1973 and the Petitioner has the remedy under the law. Reference in this behalf is made to the case of Ali Azhar Khan Balouch v. Province of Sindh and others (2015 SCMR 456). In the light of above facts and circumstances of the case, the case of the Petitioner squarely falls within the ambit of "terms and conditions" of Sindh Civil Servants Act, 1973 and this Court has no jurisdiction under Article 212 of the Constitution to dilate upon the merits of the case and to entertain the instant Petition under Article 199 of the Constitution. The Petition being misconceived is therefore dismissed in limine along with listed applications. However the petitioner would be at liberty to avail the remedy as provided to him under the law. ZC/M-30/Sindh Petition dismissed.