Law:

Section:

(a) N.W. F. P. Service Tribunals Act (I of 1974)- -- S. 5-Transfer application-Petitioner (Senior Civil Judge) dismissed by order of Chief Minister on recommendations of Chief Justice ­Correctness of order challenged before Tribunal-Transfer of appeal 143 either to Supreme Court or Punjab Administrative Tribunal prayed on ground that Chairman of Tribunal being a serving District and Sessions Judge and other Members of Tribunal also serving executive officers could not set aside or modify impugned order because of apprehended displeasure of Chief Justice and Chief Minister who could make or mar their career-Ground of transfer, in circumstances, held, without merit because it could not be conceived that a Judicial Officer in administration of justice can be influenced by extraneous considerations like fear or favour--Application refused. (b) Cull Service- -- Natural justice-Principle of - Not applicable where Legislature creates a Tribunal suffering from some administrative bias-Decision of such Tribunals cannot be challenged by Courts on plea of violation of principles of natural justice-Principles of natural justice-Cannot overrule express provisions of statutes-Constitution of Tribunal in accordance with provisions of relevant statute-Not objectionable on plea of principle of natural justice- Constitution of N: W.F.P. Service Tribunal strictly in accordance with N.W. F. P. Service Tribunals Act, 1974, held, could not be objected to as being against principles of natural justice-N.-W. F. P. Service Tribunals Act (I of 1974), S. 3 read with Constitution of Pakistan 1973, Art. 212. P L D 1971 Lab. 829, P L D 1973 Lah. 528 and 1972 S C M R 154 held not applicable. Mukhtiar Hussain v. District Manager, Provincial Transport Service Lyallpur P L D 1966 Lah. 258 Tel. (c) N: W. F. P. Service Tribunals Act (I of 1974)- ----S. 5(3) read with Constitution of Pakistan, 1973, Art. 212-Transfer of cases-Competence of Tribunal-Extends to transfer from one Bench to another-Application for transfer either to Supreme Court or to Administrative Tribunal Punjab - Not entertainable - Person in civil service of N.-W. F. P. Government within exclusive jurisdiction of N-W.F.P. Service…

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