Law: Constitution of Pakistan, 1973

Section: 199,212

Civil service--- ----Compulsory retirement---Bar of jurisdiction contained in Art. 212 of the Constitution---Effect---Matter, in the present case, related to terms and conditions of service---High Court could not entertain constitutional petition in view of bar contained under Art. 212 of the Constitution---Petitioner had alternate remedy of filing departmental appeal and in case of failure to succeed in the same byapproaching Service Tribunal---Absence of adequate and efficacious remedy was condition precedent for issuing a writ---Petitioner might avail alternate remedybefore competent forum in accordance with law---Constitutional petition wasdismissed in limine. Suo Motu action regarding Violation of Public Procurement Rules, 2004 2012 PLC (C.S.) 394; Faisal Sultan v. E.D.O. (Education) and others 2011 PLC (C.S.) 419 and Messrs Chenab Cement Product (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and others PLD 1996 Lah. 672 ref. Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456; Indus Trading and Contracting Company v. Collector of Customs (Preventive) Karachi and others 2016 SCMR 842; Rai Ashraf and others v. Muhammad Saleem Bhatti and others PLD 2010 SC 691 and Collector of Customs, Lahore and others v. Universal Gateway Trading Corporation and another 2005 SCMR 37 rel. THIS JUDGMENT DELIVERED BY: MUJAHID MUSTAQEEM AHMED, J.--- By filing instant writ petition under Article 199 of The Constitution of the Islamic Republic of Pakistan, 1973, the petitioner, Inspector, Punjab Police, has assailed the legality and propriety of order dated 06.08.2018 passed by the respondent No.5/Addl. Inspector General of Police, Regional Police Officer, Multan, by which the petitioner has been compulsory retired from service with immediate effect. 2. The main ground of attack taken by learned counsel for the petitioner is that the respondent No.5 (Competent Authority) was transferred vide notification dated 3rd August, 2018 with immediate effect and posted as Addl. Inspector-General of Police, Investigation Branch, Lahore, whereas on 05.08.2018 the-Authority has issued show-cause notice against the petitioner to submit reply, within seven days,…

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