Law:

Section:

Punjab Civil Servants Act (VIII of 1974)S. 9Constitution of Pakistan (1973), Arts. 199 & 212Transfer of civil servantValidityArticle 212 of the Constitution envisages resolution of disputes pertaining to terms and conditions of service of civil servants by Service Tribunal and not by the High CourtConstitutional intent must be accepted and enforcedGrounds of mala fides, coram non judice, jurisdictional errors, illegalities and irregularities could be urged before Service TribunalMerely because order had been procured by influence of Minister, High Court would not bypass Art. 212 of the Constitution and exercise powers under Art. 199 of the ConstitutionCivil servant, if so advised, could approach relevant forum for vindication of his rights. MahmoodulIslam for Petitioner. Ch. Muhammad Hussain for Respondent No. 3 ORDER Petitioner apparently aggrieved by the order of his transfer dated 10th July, 1996, called in question the same through this Constitutional petition on the ground that the same was procured under the influence of the Minister, who is nobody in the Scheme of law. 2. This Court, vide order dated 1671996, called for report and in the meanwhile suspended the operation of the order dated 1071996. Subsequently respondent No.3 filed C.M. 3/96 for fixation of the case and recall of the order of suspension dated 1671996. Apparently, since the matter was not being heard/listed in this Court, respondent No.3 filed C.P.L.A. No. 1705L of 1996, and also applied for interim injunction. Vide order dated 1381996, the Supreme Court has asked this Court to hear L.M.3/96 on 20th August 1996 i.e. today. Accordingly, the C.M. as well as the main…

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