Law: Khyber Pakhtunkhwa Service Tribunal Act, (I of 1974)

Section: 4

Law: Constitution of Pakistan, 1973

Section: 199,212

Khyber Pakhtunkhwa Service Tribunals Act (I of 1974)--- ----S.4---Constitution of Pakistan, Arts. 199 & 212---Constitutional petition---Maintainability---Remedy available under ordinary law---Terms and conditions of service---Petitioner was a civil servant who assailed his transfer order issued by authorities---Validity---When law provided remedy to another authority fully competent to give relief, any indulgence to the contrary by High Court was likely to produce sense of distrust in those authorities and to cause underserved reflection on their integrity and competency and could defeat legislative intent---If remedy sought for was in substance a remedy which was available under ordinary law, then resort was to the proper forum and not to extraordinary remedy provided by Art.199 of the Constitution---High Court declined to interfere in the matter in view of bar contained in Art. 212 (2) of the Constitution---Constitutional petition was dismissed, in circumstances. Peer Muhammad v. Government of Balochistan through Chief Secretary and others 2007 SCMR 54; Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456; Chief Secretary Government of Punjab, Lahore and others v. Ms. Shamim Usman 2021 SCMR 1390; Messrs OPI Gas (Private) Limited v. Government Holding (Pvt.) Limited and others 2021 MLD 1916; Messrs Gandapur Construction Company v. Government of Khyber Pakhtunkhwa through Secretary (C & W) and 3 others 2014 YLR 399; Federation of Pakistan through Secretary Establishment Islamabad v. M.Y. Habib ur Rehman and others 2021 SCMR 1554 and Kalimullah Kakar and others v. Provincial Police Officer, Bolochistan and others 2021 SCMR 1168 rel. JUDGMENT DR. KHURSHID IQBAL, J.---Dr. Mehmood Jan (Petitioner) is an employee of the provincial Health Department (respondent-Department). Presently, he has been working as the District Health Officer (DHO) of Dera Ismail Khan (DIK). The respondent-Department has proposed his transfer from his present position. Owing to the impending general elections, no posting and transfer in public department could be ordered. The respondent-Department sought the issuance of a No Objection Certificate (NOC) from…

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