Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Existence of alternate remedy---Not-availing of--­Effect---Exceptions---Transfer of civil servant---Challenged in Constitutional petition---High Court would not entertain Constitutional petition when other appropriate remedy was available and had not been exhausted except, however, where order in question, was attacked on the ground that same was without authority and that any statutory functionary had acted mala fide or that the order of transfer was passed in a partial, unjust and oppressive manner---High Court in such matter in exercise of its Constitutional jurisdiction has power to grant relief to aggrieved party. Murree Brewery Co. Ltd. v. Pakistan through the Secretary PLD 1972 SC 279 and Rana Muhammad Sarwar v. Government of Punjab through Services, General Administration and Information Department and another 1990 SCMR 999 ref. (b) Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Transfer of civil servant---Bar of jurisdiction---Civil servant's appeal against rejection of his representation was pending before Service Tribunal---Matter of petitioner's transfer being pending in competent forum could not be considered by the High Court in exercise of its Constitutional jurisdiction---Civil servant, however, had failed to make out case of bias or that order in question, had been passed without jurisdiction and that same was in excess of jurisdiction of the transferring Authority---Civil servant's anticipated grievance that his promotion would be affected by mala fide action of Authority was pending adjudication before Service Tribunal which has exclusive jurisdiction in the matter---Civil servant was not entitled to any relief under the Constitutional jurisdiction by the High Court in circumstances. Malik Saeed Hassan for Petitioner. Mahmood Hussain Mirza for Respondents. ORDER The petitioner Muhammad Aslam is a Store-keeper in the Civil Defence Directorate Punjab, Lahore; by this writ petition under Article 199 of the Constitution; the petitioner seeks to have the orders of his transfer dated 2-1-1995 be declared illegal, void, ab initio, mala fide and without lawful authority…

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