Law:

Section:

Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 2009--- ----R. 22---Balochistan Service Tribunal Act (V of 1974), S.3---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Maintainability---Civil service---Deputationist---Transfer of employee---Terms and conditions of service---Scope---Remedy for the civil servants/petitioners would lie with the Authority and also before the Service Tribunal if any terms of their service had been violated---High Court had no jurisdiction in the matter---Civil servants/petitioners had not availed the remedy under the law and rules---Constitutional petition, therefore, was not maintainable---Policy governing terms and conditions of deputation of civil servants had not been followed by the authorities rather they remained silent having knowledge of illegality---Borrowing authority was empowered to take disciplinary action against the civil servant on deputation---Lending authority being parent department could initiate proceedings against the accused civil servant under the rules governing the deputationist in its parent department---Both the borrowing and lending authorities despite having knowledge that initial appointment of deputationist was illegal and bogus kept silent for a considerable period which was objectionable---High Court passed direction that there should be no extension in the period of deputation and deputationist should be repatriated to their parent department without any loss of time---Parent department of the deputationist was directed to take disciplinary action not only against them but also against the persons responsible of their appointment and also for their transfer and posting on deputation---Constitutional petition was disposed of in circumstances. Syed Mahmood Akhtar Naqvi v. Federation of Pakistan PLD 2013 SC 195; Chief Engineer, Hydel (North) and Project Director, WAPDA, Warsak v Zafrullah Shah and another 2003 SCMR 686 and Muhammad Asghar v. Government of Balochistan 2012 PLC (C.S.) Quetta 142 ref. Contempt proceedings against Chief Secretary, Sindh and others 2013 SCMR 1752 rel. ORDER MRS. SYEDA TAHIRA SAFDAR, ACTG. C.J.--- The petitioner Ghulam…

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