2004 PLP (C (PLC(CS))

Al-Ahram Builders (Pvt.) Ltd. v. Income Tax Appellate Tribunal 1993 SCMR 29; I.A. Sherwani v. Government of Pakistan through Secretary, Finance Division, Islamabad 1991 SCMR 1041; Hafiz Sabir Ali v. Administrator, Municipal Corporation, Sahiwal 2002' PLC (C.S.) 1024; Khalid Mahmud Ch. v. Government of the Punjab through Secretary, Livestock and Dairy Development 2002 SCMR 805; Muhammad Azhar v. General Manager (Operation) Power, WAPDA PLD 1990 Lah. 352; Muhammad Aslam Bajwa v. Federation of Pakistan PLD 1974 Lah. 545; Abdul Wahab v. Government of Punjab PLD 1989 SC 508; Superintendent of Police, Headquarter, Lahore v. Muhammad Latif PLD 1988 SC 387 and Akhtar Ali v. Province of Punjab PLD 1992 Lah. 127 ref. Pervaiz Inayat Malik for Appellant. Date of hearing: 28th October, 2003. The appellant, admittedly a civil servant had assailed the proceedings initiated against him, through a writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 which stands dismissed vide impugned order dated 23-9-2003 passed by a learned Single Judge of this Court due to bar of jurisdiction contained in Article 212 of the Constitution. In assailing the same, it is contended by the learned counsel that the jurisdiction of this Court under Article 199 of the Constitution is not barred in all the matters and that since no final order has been passed in the case the bar of jurisdiction contained in Article.212 is not attracted to the circumstances of this case. It is further contended that the appellant is entitled to be dealt with in accordance with law. Reliance has been placed upon Al-Ahrani Builders (Pvt.) Ltd. v. Income Tax Appellant Tribunal (1993 SCMR 29), I.A. Sherwani v. Government of Pakistan through Secretary Finance Division, Islamabad (1991 SCMR. 1041), Hafiz Sabir finance v. Administrator Municipal Corporation, Sahiwal (2002 PLC (C.S.) 1024), Khalid Mahmud Ch. v. Government of the Punjab through Secretary ,Livestock and Dairy Development, 2002 SCMR 805 and Muhammad Azhar v. General Manager (Operation) Power WAPPA (PLD 1990 Lahore 352).

2. We have considered the contentions of the learned counsel but are unable to subscribe the same inasmuch as in view of non-obstante operation of Article 212 the bar of jurisdiction gets attracted. In Muhammad Aslam Bajwa v. Federation of Pakistan (PLD 1974 Lahore 545) it was observed that the exclusionary provisions pf Article 212 of the Constitution were applicable "notwithstanding anything hereinbefore contained" which takes within its ambit the preceding provisions of the Constitution.

3. So far as the contention of the learned counsel that no final order 'has since been passed, therefore, petition before. this Court is competent as the matter cannot be taken to the Service Tribunal is concerned, the contention is equally untenable in view of the legal position stated in Abdul Waliab v. Government of Punjab (PLD 1989 SC 508), 'The Superintendent of Police, Headquarter, Lahore v. Muhammad Latif (PLD 1988 SC 387) and Akhtar Ali v. Province of Punjab (PLD 1992 Lahore 127). The precedents cited by the learned counsel are of no help to the appellant. In this view of the matter, we find that jurisdiction or this Court under Article 199 of the Constitution stood' excluded by operation of Article 2,12 of the Constitution. The petition has, therefore, rightly been dismissed` by the learned Single Judge.

4. As a result of the above, we do not find any justification to interfere with the impugned order. The appeal is dismissed accordingly. H.B.T./M-2408/L Intra-Court appeal dismissed.