Law:

Section:

Sarfraz Ali Metlo for Respondent No.3. Noor Hassan Malik, Asstt. A.G. Sindh Civil Servants (Appointment, Promotion and Transfer) Rules (1974)--- ----R. 9---Sindh Civil Service Tribunals Act (XV of 1973), S.4---Sindh Civil Servants (Appeal) Rules, 1980, R.3---Constitution of Pakistan, Arts.199 & 212---Appointment by transfer, validity of---Appeal to Service Tribunal---Service Tribunal, exclusive jurisdiction of---Terms conditions as to service of civil servant, determination of---Bar under Art.212, Constitution---Applicability---Scope---Petitioner challenged departmental notification regarding his transfer on ground of mala fide, claiming that the same had been issued by the Chief Secretary of the Province without approval of Chief Minister---Validity---Constitutional petition would not lie with regard to the matters pertaining to the terms and conditions of civil servants---Petitioner was a civil servant, who had impugned the notification regarding his transfer and posting, for which remedy was provided in terms of R.3 of Sindh Civil Servants (Appeal) Rules, 1980, read with S.4 of Sindh Civil Service Tribunals Act, 1973---In view of the bar under Art.212 of the Constitution present petition was not maintainable---High Court, however, observed that the ground of limitation, keeping in view of the present petition, might be considered sympathetically by the forum available under the law---Constitutional petition was dismissed in circumstances. Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456 rel. Corruption in Hajj Arrangements in 2010 PLD 2011 SC 963 and Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others PLD 2013 SC 195 ref. ORDER AQEEL AHMED ABBASI, J.--- Through instant petition, the petitioner has impugned notification dated 21.08.2015 whereby the petitioner Nadir Ali Talpur, who was serving as Chief Conservator of Forest Department (BPS-20), has been transferred and directed to report to Forest, Environment and Wildlife Department, on the grounds that same transfer is based on mala fides and has been made by the Chief Secretary, Government of Sindh without approval of worthy Chief Minister, in terms of…

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