Supreme Court Disposes Of the PTCL Review Petition

Supreme Court of Pakistan Disposes Of the PTCL Review Petition filed in the case of Faiz-ur-Rehman and others, Respondents in CRP-253/13.

IN THE sUPREMF COURT OF PAKISTAN

Mr. Justice Iftikhar Muhammad Chaudhry, CJ
Mr. Justice Jawwad S. Khawaja
Mr. Justice Amir Hani Muslim

Civil Review Petitions Nos.253-254 of 2013 in Civil Petitions No.717-718 of 2013

President PTCL, Islamabad and others, Petitioners in both cases

Versus

Faiz-ur-Rehman and others Respondents in CRP-253/13

Ch. Muhammad Arshad Qaiser and others Respondents in CRP-254/13

For the Petitioners: Mr. Tariq Aziz ASC/ AOR
Ms. Zahida Awan, Manager (Legal)

For the Respondents: Mr. M. Bilal, Sr. ASC
Syed Safdar Hussain Shah, AOR

Date of hearing: 06.12.2013

ORDER

Iftikhar Muhammad Chaudhry, CJ.- These review petitions have been filed to seek review of the judgment dated 23.8.2013 passed in Civil Petitions No.717-718 of 2013. The grievance of the petitioner is that in respect of ‘Departmental Employees’ as defined in section 2(e) of the PTC Act, the competent authority has to take action under the Civil Servants (Efficiency & Discipline) Rules, 1973, therefore, instead of invoking jurisdiction of the High Court such employees should have approached the Service Tribunal. We are not in agreement with the learned counsel because in the case titled Masood Ahmed Bhatti Vs. Federation of Pakistan (2012 SCMR 152) which has been relied upon in the judgment under review it was clearly mentioned that “the Corporation however, was authorized to disciplinary action against such employees,. view of the above clarification, there is no need to further discuss the issue except pointing out that no one can be allowed to remain not answerable of his omissions and commissions and the employees who fall under the definition of ‘Departmental Employees’ in the PTC Act, 1991 have to be dealt with by the Corporation under the Civil Servants (Efficiency 8r Discipline) Rules, 1973 leaving the employees to avail the forum which is permissible under the law instead of allowing the PTC to argue that they should have approached the Service Tribunal under Section 212 of the Constitution because then it is for the High Court or the Service Tribunal to determine its jurisdiction independently when such proceedings are drawn before it; the fact remains that the ‘Departmental Employees’ have to be dealt with by the Corporation for violating discipline etc. under the Civil Servants (Efficiency & Discipline) Rules, 1973. The review petitions are disposed of in the above terms.

PTCL Review Petition Disposed of by Supreme Court Judgment

PTCL Review Petition Disposed of by Supreme Court

PTCL Review Petition Disposed of by Supreme Court

Contribution: M. Toqeer (Sialkot)

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