SALEEM AHMAD Versus FEDERAL MINISTRY PETROLEUM THROUGH SECRETARY, GAS AND NATURAL RESOURCES OF PAKISTAN

IJAZ-UL-HASSAN, J. ---The relief sought in Writ Petition No. 189 of 2000 filed by Khurshid Anwar and in Writ Petition No. 190 of 2000 filed by Ishfaq Ali, under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, is identical, therefore, we intend to dispose of both the petitions by this common judgment.

2. By way of filing Writ Petition No. 189 of 2000 Khurshid Anwar petitioner has challenged the validity of explanation letter dated 30-6-2000, under rules 5(iv) of Pakistan WAPDA Employees (E & D) Rules, 1978 issued by respondent No. l whereby the petitioner is accused of having amongst others, given an undue, wrong credit through C. P. No. 118 for an amount of Rs.80,450 against the private consumer with ulterior motives. The petitioner has been required to put in written defence/reply within 7 days of the receipt of the notice/letter as to why one or more of the major/minor penalties should not be imposed upon him.

3. Ishfaq Ali petitioner has also filed Writ Petition No. 190 of 2000 with the prayer that explanation letter of respondent No. l issued to the petitioner on 30-6-2000 be set aside as arbitrary, illegal and without lawful authority. The petitioner is also required to put in his written defence/reply within 7 days of the receipt of the notice/letter as to why one or more of the major/minor penalties should not .be imposed upon him for the acts or omissions and commission contained in the explanation letter in question.

4. In the parawise comments submitted on behalf of the respondents, the allegations are denied and jurisdiction of this Court is brought under challenge under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973.

5. After hearing Saleh Mehmood Awan, Advocate for the petitioners and Mr. Fazal-e-Gul Khan, Advocate for respondents we find that the employees of respondent Establishment are declared civil servants under section 17(1)(b) of WAPDA Act, 1958 for the purpose of Service Tribunals Act, 1973 and as such this Court has got no jurisdiction to entertain the present writ petitions in terms of Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973.

6. Article 212 of the Constitution is an instance of the jurisdiction of the High Court under Article 199 having been expressly taken away. It provides for the establishment of Administrative Courts and Tribunals to exercise exclusive jurisdiction in respect of matters, relating to the terms and conditions of person in the service of Pakistan. It further provides "notwithstanding anything herein before contained, where an Administrative Court or Tribunal is established ....no other Court shall grant an injunction, make any order or entertain any proceedings in respect of any, matter to which the jurisdiction of such Administrative Court or Tribunal extends..." The words "Notwithstanding anything hereinbefore contained" have obviously reference to Article 199. The exclusion of jurisdiction is expressed in the widest possible terms and extends to the making of any order or entertainment of any proceedings in respect of any matters placed in the exclusive jurisdiction of the Administrative Courts or Tribunals, provided, therefore, that the matter relates to the terms and conditions of service of a person in the service of Pakistan, the exclusion is complete irrespective of the ground on which the validity, legality or regularity of an action is challenged.

7. For the aforesaid reasons, the writ petitions are dismissed with no orders as to costs.

H.B.T./327/P

Petitions dismissed.