Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Repatriation of employee to his parent department---Scope---Plea of petitioner was that impugned order with regard to his repatriation to parent department was illegal, void ab initio and the same was based on mala fide and without lawful authority---Validity---Petitioner was transferred/adjusted on deputation for a period of three years---Petitioner had not been absorbed on the post after deputation and he had no vested right to remain there being a deputationist---Petitioner could be repatriated to his original posting/department at any time by the authority when exigency of service required---Competent authority constituted an enquiry committee and petitioner was found to have caused financial loss to the Board---Sufficient material was available on record which might be used as reason for repatriation of petitioner's service to the parent department---No infirmity was found in the impugned order--- Constitutional petition was dismissed in circumstances. (b) Constitution of Pakistan--- ----Arts. 199 & 212---Constitutional jurisdiction of High Court---Scope---Terms and conditions of service---Bar of jurisdiction---Scope---Matter with regard to deputation and repatriation would relate to the terms and conditions and constitutional jurisdiction of High Court would be barred, however, since Service Tribunal was not functioning, at the relevant time, question of bar of jurisdiction of High Court would not come into play till the establishment of the Tribunal and its actual functioning so as to attend the grievance of a civil servant under its jurisdiction. Sarfaraz Saleem v. Federation of Pakistan and others PLD 2014 SC 232 rel. (c) Civil service--- ----"Deputation"---Scope---Deputation was administrative arrangement between borrowing and lending Authorities for utilizing the services of an employee in public interest which would not give any right to the employee to continue for a period of deputation for which services were required---Civil servant could be transferred or adjusted on deputation and repatriated at any time without any reason by the Authority as and when…

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