1992 PLP (C (PLC(CS))
SHAHID AKBAR Versus COLLECTOR OF CUSTOMS and others
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Karachi High Court |
| Bench Members | Syed Abdur Rehman, J |
| Parties | SHAHID AKBAR Versus COLLECTOR OF CUSTOMS and others |
| Primary Law | (c) Civil Procedure Code (V of 1908), (a) Constitution of Pakistan (1973), (b) Civil service |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (c) Civil Procedure Code (V of 1908), (a) Constitution of Pakistan (1973), (b) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Karachi High Court bench comprising: Syed Abdur Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (SHAHID AKBAR Versus COLLECTOR OF CUSTOMS and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 23rd December, 1990.
Headnotes / Summary
Art. 212
Jurisdiction of Service Tribunal
Exclusion of jurisdiction of all other Courts
Extent
Removal from service or threatened removal from service of Government servant
Plaintiff having been appointed on ad hoc basis was not regularised and his services were terminated
In case of removal from service or in case of threatened removal from service, remedy of Government servant would lie in riling of appeal before Service Tribunal-- Jurisdiction of all other Courts including Civil Court was barred in such matters.
Ad hoc appointee
Case of ad hoc appointee was on lower footing than that of regular employee
Ad hoc appointee had no vested right to continue in service and his services could be terminated at any time. Khalilur Rehman and others v. Government of Pakistan and others PLD 1981 Kar. 750; Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290; Noor Muhammad v. Civil Aviation Authority and another 1987 CLC 393 and Dr. M.S. Qureshi v. West Pakistan Government and another PLD 1.906 (W.P.) Lah. 825 ref.
O. VII, R. 11
Bar of jurisdiction of Civil Court
Civil Court's jurisdiction was barred in matters relating to removal from service or threatened removal from service of Government servant
Plaintiff having no prima facie case against his removal from service, his plaint was rejected under provision of O.VII, R.11, Civil Procedure Code, 1908. Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 ref. G.M. Qureshi for Plaintiff: Abul Khair for Defendant No. 1.
Judgment & Decree
(b) Civil service
Ad hoc appointee
Case of ad hoc appointee was on lower footing than that of regular employee
Ad hoc appointee had no vested right to continue in service and his services could be terminated at any time. Khalilur Rehman and others v. Government of Pakistan and others PLD 1981 Kar. 750; Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290; Noor Muhammad v. Civil Aviation Authority and another 1987 CLC 393 and Dr. M.S. Qureshi v. West Pakistan Government and another PLD 1.906 (W.P.) Lah. 825 ref. (c) Civil Procedure Code (V of 1908)
O. VII, R. 11
Bar of jurisdiction of Civil Court
Civil Court's jurisdiction was barred in matters relating to removal from service or threatened removal from service of Government servant
Plaintiff having no prima facie case against his removal from service, his plaint was rejected under provision of O.VII, R.11, Civil Procedure Code, 1908. Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan and another PLD 1970 SC 139 ref. G.M. Qureshi for Plaintiff: Abul Khair for Defendant No.