Law: Constitution of Pakistan, 1973

Section: 199,212

Constitution of Pakistan--- ----Arts. 199 212---Matter relating to terms and conditions of service---Exclusive jurisdiction of administrative tribunals and ouster of jurisdiction of High Court---Scope---Petitioner assailed a notification whereby his services as a Project Director were suspended on charge of week administration, lack of interest in procurement process, negligence and inefficiency---Validity---Petitioner was admittedly a civil servant and was just transferred as a Project Director so the bar contained in Art. 212 of the Constitution was attracted vis- -vis jurisdiction of the High Court---Questions raised by the petitioner on the notification could be considered and adjudicated upon by the relevant Service Tribunal---Only in extraordinary circumstances of great public importance the extraordinary jurisdiction of the High Court under Art. 199 of the Constitution could be invoked---Constitutional petition, being not maintainable, was dismissed. Federation of Pakistan through Secretary Establishment, Islamabad v. M.Y. Labib-ur-Rehman and others 2021 SCMR 1554 rel. JUDGMENT MUHAMMAD AAMIR NAWAZ RANA, J.----Through this petition the notification bearing No. SOA,1-6/2022/3466-70 dated 13th July, 2022 has been assailed by the petitioner, whereby the services of the petitioner as Project Director, Awaran Dam were suspended on account of weak administration and lack of interest in procurement process of Awaran Dam Project; due to negligence and inefficiency as per notification the procurement process could not be completed on time leading to non-execution of the project. 2. Admittedly, the petitioner is a civil servant (BPS-19) Officer of Irrigation Department Government of Balochistan and pursuant to Notification bearing No. SOA, 1-6/2021/3110-17 dated 3rd September, 2021, the services of petitioner were transferred and he was posted as Project Director, Awaran Dam Project. Learned counsel for the petitioner vehemently pointed out the illegalities in the impugned notifications whereby the petitioner was suspended and as per learned counsel Junior Officer was posted against the said post which according to learned counsel is gross violation of applicable…

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