While dismissing a plea seeking remedy against suspension from service, the Sindh High Court (SHC) on Monday ruled that civil courts have no jurisdiction to entertain issues relating to transfer, posting, absorption, seniority and eligibility to promotion of civil servants.
A deputy director of Sindh Building Control Authority (SBCA) has invoked the jurisdiction of the SHC claiming that director general of the Authority has made him office on special duty without any rhyme and reason as no show cause was served to him. The petitioner also alleged that the director general of the Authority failed to provide a personal hearing to him claiming the under constitutional provision. The petitioner also informed that he has been denied his due salary during the suspension period terming the act as violation of his constitutional rights.
After hearing arguments of the petitioner’s counsel on Monday in the matter, a Division Bench of the Justices Irfan Saadat Khan and Adnanul Karim Memon said the Supreme Court has ruled in various judgments that provisions of the Service Tribunal Act provides that the Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions of service of Civil Servants, including the disciplinary matters.
Justice Adnanul Karim Memon plainly said, “In another words jurisdiction of all other Courts is barred by the provisions of the Sindh Service Tribunals Act, 1973, read with Article 212 of the Constitution”, He further said that under Section 4 of the Service Tribunals Act, civil servant have been provided right of filing an appeal before the Tribunal if aggrieved from departmental orders”.
Later, the bench issued directives to the director general of the SBCA to complete inquiry against the petitioner within two month while giving him an opportunity of hearing before in the matter. The bench also directed the Authority to disburse salary of the petitioner during the intervening period of inquiry.
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