Law: Constitution of Pakistan, 1973

Section: 199,212

Constitution of Pakistan--- ----Arts. 199 & 212---Civil service---Constitutional petition---Bar to jurisdiction---Maintainability---Transfer and posting---Scope---Petitioner challenged the notification of his posting/transfer---Validity---Jurisdiction of the High Court was ousted in matters which fell within the jurisdictional domain of the Balochistan Service Tribunal---Article 199 of the Constitution was "subject to the constitution", while Art. 212, being a non-obstante Article, prevailed over Art. 199---Article 212 clearly stated that "no court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extends", therefore, High Court had no jurisdiction to entertain a matter which stood barred under Art. 212 of the Constitution---In fact, Art. 199 of the Constitution could not be set in motion due to the jurisdictional bar; therefore, question of alternate remedy or mala fide consideration or the nature of grievance did not even begin to arise---Such distinction between the bar of jurisdiction and the exercise of judicial power must be clearly understood---Petitioner was directed to approach relevant forum---Constitutional petition, being not maintainable, was dismissed. JUDGMENT ROZI KHAN BARRECH, J.----The instant constitution petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") carries the following prayer clauses: "It is, therefore, respectfully prayed that this Hon'ble Tribunal may be pleased to declare that the notification dated 02.01.2021 issued by respondent No.3 on behalf of respondent No.2 to be illegal, passed in excess of jurisdiction and authority as such, not maintainable, consequently the same may be set aside and directions may be issued to respondents Nos.1 and 2 to allow the petitioner to continue his duties as Executive Engineer, PHE Division, Killa Abdullah and to complete his tenure on the said post as required under the law and rules with any other relief and cost of the proceedings, in the interest of justice". 2. I have heard the learned counsel for the petitioner and have…

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