ABDUL QUDOOS vs COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR S — 2023 SCMR 334 SUPREME-COURT

Case information

Citation: 2023 SCMR 334 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ABDUL QUDOOS vs COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR S
Subject matter: Service
Provisions referred to: S. 4

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABDUL QUDOOS VS COMMANDANT FRONTIER CONSTABULARY, KHYBER PAKHTUNKHWA, PESHAWAR S. 4(1)---Constitution of Pakistan, Arts. 199---Constitutional power of High Court to remit a case to the Service Tribunal---Scope---High Court in its writ jurisdiction may exercise its discretionary powers to avoid grave injustice and in order to get out of the rigors of technicalities remit the case to the Service Tribunal in a prima facie case, provided all requisite formalities including the filing of departmental appeal are complied with according to law and rules---Such discretionary powers may only be exercised in exceptional cases where exigency so demands in the interest of justice, rather than adopting it as a routine or everyday practice to extend an advantage or recourse to civil servants to approach the High Court despite the bar contained under Article 212 of the Constitution.

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