Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Arts. 212 & 199---Transfer of civil servant challenged in Constitutional petition---Validity---Jurisdiction---Article 212 of the Constitution postulates a clear bar to entertainment of Constitutional petition before High Court in matters relating to terms and conditions of civil servant---Where impugned order was the outcome of mala fides on the part of the Authority concerned or result of political influence having been exerted upon the Authority, even then same could be taken care of by Service Tribunal which is the proper forum, for having recourse to in matters, pertaining to terms and conditions of service of a public servant---Aggrieved civil servant, in the first instance, should approach, higher Departmental Authority in the same hierarchy, through departmental representation and thereafter, if necessary, should approach the Service Tribunal for redress of his grievance. (b) Constitution of Pakistan (1973)--- ----Art. 199---Transfer of civil servant---Constitutional petition---Civil servants, who manage to have their posting at a place of their choice and then endeavour to perpetuate their stay over there was deprecated---Higher officers were desired to effectively check such unhealthy tendency and departmentally proceed against Government servants, who infringe service discipline; and Authorities should at the same time, resolutely refuse to succumb to any political pressure in the matter of transfer of their subordinates. Sh. Khalil-ur-Rehman for Appellant. ORDER MIAN GHULAM AHMAD, J.---By way of this ICA has been called in question the soundness or validity of an order dated 1-9-1994, passed by a learned Single Judge (Mr. Justice Muhammad Arif), dismissing in limine Writ Petition No. 10075 of 1994, preferred by Mst. Shagufta Jabeen, laying a challenge to an order- dated 28-8-1994, made by the Deputy District Education Officer (Women), Bhakkar, by which she had cancelled a transfer order earlier passed on 8-8-1994, involving Shagufta Jabeen and Perveen Akhtar, PTC teachers. 2. Main ground urged is that his Lordship has erred in law in taking into account the fact that it was a case of political…

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