Case Details

Citation(s)
2013 SLG 1841 2013 SLD 1841 2013 PLC 559
Lahore High Court
Writ Petition No.8520 of 2011, heard on 20-12-2012
SYED IFTIKHAR HUSSAIN SHAH, J

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Syed BAQIR HUSSAIN RIZVI

VS

SENIOR MEMBER BOARD OF REVENUE and 2 others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--- ----S. 9---Punjab Service Tribunals Act (IX of 1974) S.5---Constitution of Pakistan, Arts.212 & 199---Constitutional petition---Civil service---Transfer/posting---Political victimization---Petitioner impugned his transfer to be posted at another place within a short span of time, on the ground that transfer orders were a result of political victimization---Validity---Transfer was a matter relating to terms and conditions of service and the bar contained in Art.212 of the Constitution would be fully attracted to the case---Article 212 ousted jurisdiction of all courts and orders of departments even if without jurisdiction or mala fide, could only be challenged before the Service Tribunal and the jurisdiction of civil courts including the High Court was specifically ousted---Petitioner, therefore, had no vested right to remain posted at a particular place---Constitutional petition was dismissed, in circumstances. Zahid Akhtar v. Government of Punjab through Secretary and others PLD 1990 SC 530 and Muhammad Saleh Asim v. Secretary Schools Education 2009 PLC (C.S.) 44 distinguished. Government of Sindh through Secretary and others v. Nizakat Ali and others 2011 SCMR 592; Ayyaz Anjum v. Government of Punjab H.P.P.D. and others 1997 SCMR 169; Abdul Ghafoor and others v. Government of Punjab and others 2011 PLC (C.S.) 782; Ms. Anyesha Bashir Wani and others v. Government of Pakistan and others 2012 PLC (C.S.) 31; lmran Arif Ranjha and others v. Punjab Public Service and others 2012 PLC (C.S.) 609 ref. Khalid Mehmood Wattoo v. Government of the Punjab and others 1998 SCMR 2280; Peer Muhammad v. Government of Balochistan 2007 SCMR 54; Secretary, Education N.-W.F.P. and others v.. Mustamir Khan and others 2005 SCMR 17 and Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department and others 1997 SCMR 169 rel. JUDGMENT SYED IFTIKHAR HUSSAIN SHAH, J.-- The petitioner has assailed the legality of order dated 30-6-2011, whereby he was transferred from the post of Consolidation Officer, Alipur District Muzaffargarh and was directed to report to Board of Revenue, Punjab on the administrative ground in the…
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