Law: Constitution of Pakistan, 1973

Section: 199,212

Constitution of Pakistan, 1973-- ----Arts. 199 & 212--Posting as AAGP--Show-cause notice--Compulsory retirement from service--Violation of Punjab Police Rules--Terms and conditions of service--Jurisdiction--Alternate remedy--Maintainability--Challenge to--Function of each Court or Tribunal has been well defined under Constitution and laws made under Constitution, which also specify subjects with which those Courts or Tribunals have to deal with--This multiple system has thus created certain limitations on their jurisdiction so that one Court or Tribunal could not encroach upon defined field or subject of other and each Court or Tribunal is required to exercise powers/ authority within its allotted sphere and not beyond that unless and until specifically permitted--Matter agitated before this Court relates to terms and conditions of service and in view of bar under Article 212 of Constitution of Islamic Republic of Pakistan, 1973, does not fall within jurisdiction and domain of this Court under Article 199 of Constitution--Petitioner has alternate remedy of filing departmental appeal and in case of failure to succeed in that appeal, by approaching Punjab Service Tribunal--Needless to mention that absence of adequate and efficacious remedy is condition precedent for issuing a writ--However, petitioner may avail alternate remedy before competent forum, in accordance with law. 2015 SCMR 456; 2016 SCMR 842 and 2005 SCMR 37 ref. THIS ORDER PASSED BY: MUJAHID MUSTAQEEM AHMED, JUSTICE---.--- 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,…

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