Case Details

Citation(s)
2014 SLG 1263 2014 SLD 1263 2014 PLC 356
Sindh High Court
Constitutional Petition No.D-3094 of 2013, decision dated: 22-08-2013. dates of hearing: 26th and 31st July, 2013
GHULAM SARWAR KORAI AND NADEEM AKHTAR, JJ

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SHAHAB MAZHAR BHALLI

VS

PAKISTAN RAILWAYS through Divisional Superintendent and another

Law:

Section:

(a) Constitution of Pakistan---Art. 199---Constitutional petition---Civil service---Allotment of government residential accommodation---Retention of such accommodation despite transfer to other department---Scope---Petitioner while working as Superintendent, Railway Police was allotted Bungalow---Subsequently petitioner was transferred to Sindh Police, but Bungalow allotted to him remained in his possession---Contention of the petitioner was that Sindh Police Department has not provided any residence to him, therefore he was entitled to retain the possession of Bungalow in question and Railway department could not take back the possession of said Bungalow---Validity---Bungalow in question was for residential purpose of employees of Railway department---Bungalow was allotted to the petitioner while he was posted as Superintendent Railway Police---Petitioner was no more employee of Railway department---Retaining the Bungalow from the date of transfer to Sindh Police was unauthorized and without any policy of Railway Department---Railway Department was fully justified in not accepting the rent sent by the petitioner---Constitutional petition was dismissed. (b) Constitution of Pakistan--- ----Art. 199(1)(5)---Constitutional petition---Issuance of writ by High Court against order issued by Registrar of High Court by order of the Chief Justice of High Court---Scope---No writ or order could be issued to the High Court or Supreme Court, as it amounts issuance of the same against the Supreme Court or High Court itself---Administrative or executive orders passed by the Chief Justice of the High Court or the Registrar while acting under the orders of the Chief Justice, enjoy the protection falling under the ambit of Art.199(5) of the Constitution of Pakistan. Abrar Hassan v. Government of Pakistan and another PLD 1976 SC 315 and Muhammad Imran v. Peshawar High Court Peshawar, through Registrar and 2 others 2011 PLC (C.S.) 1465 rel. ORDER GHULAM SARWAR KORAI, J.--- Through this petition, the petitioner prays as under:--- (a) To declare that the petitioner is entitled to retain the possession of Railway Bungalow No.218 (Old), Adam Road, Karachi Cantt. till such time he has…
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