Case Details

Citation(s)
1997 SLG 1008 1997 SLD 1008 1997 PLC 1205
Supreme Court of Pakistan
Civil Petition No. 2032-L of 1996, decision dated: 19-02-1997. (On appeal from the order dated 7-10-1996 of the Lahore High Court, Lahore passed in the W.P. 17836 of 1996).
ZIA MAHMOOD MIRZA AND RAJA AFRASIAB KHAN, JJ
Talaat Farooq Sheikh, Advocate Supreme Court for Petitioner. Ch. Muzamal Khan, Advocate Supreme Court with Mehmoodul Islam, Advocate onRecord for
Respondent No. 3.

JAM DAD KHAN

VS

PROVINCE OF PUNJAB and others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)S. 9-Constitution of Pakistan (1973), Arts. 199, 212 & 185Civil service TransferCivil servant challenged his transfer order in High Court in its Constitutional jurisdictionHigh Court while admitting Constitutional petition to regular hearing, suspended operation of transfer order subject to noticeValidityPetitioner's contention was that transfer of civil servant being relatable to terms and conditions of service, remedy whereof was appeal before Service Tribunal and jurisdiction of all other Courts including High Court to entertain such matter, was barred under. Art.212 of the ConstitutionPetitioner's grievance was that although impugned order was passed subject to notice, case had not come up for hearing for last five monthsOrder of High Court, however, being of interim nature was subject to notice, therefore, petitioner should better move application in the High Court for recall of said order raising objection therein to jurisdiction of High CourtPetitioner's case was, thus not fit for interference at present stage­Leave to appeal to Supreme Court was refused in circumstances. JUDGMENT ZIA MAHMOOD MIRZA, J.By order dated 8th September, 1996 passed by the Secretary, Irrigation and Power Department, Government of Punjab, petitioner, an Assistant Executive Engineer/SubDivisional Officer, (awaiting posting) was posted as SubDivisional Officer, River Survey SubDivision of Lahore Drainage Division, Lahore vice Mr. Shakeel Ahmad, S.D.O. respondent No. 3 herein who was directed to report to I P Secretariat for further posting. Aggrieved of this transfer order, respondent No.3 challenged it in the High Court in its Constitutional…
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