Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------S. 10---Removal from service---Civil servant working as driver was removed from service after serving with show-cause notice on ground that he failed to comply with order of his transfer from one place of working to another and absented himself from duty without any explanation for his absence---Civil servant could be legally transferred to work at other place of working even without his consent and he was bound to comply with order of his transfer---Civil servant who failed to comply with transfer order and purposely did not report for his duty at his new place of working, was rightly removed from service. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Arts. 199 & 212(2)--­Constitutional petition---Maintainability---Re-instatement in service being a matter relating to terms and conditions of service for which proper forum had been provided, jurisdiction of High Court had specifically been barred under Art.212(2) of Constitution of Pakistan (1973)---Constitutional petition under Art. 199 of the Constitution filed by petitioner/civil servant for redress of his grievance was not maintainable. Adam Khan for Petitioner. ORDER JAWAID NAWAZ KHAN GANDAPUR, J.--Vide Office Order No. 3408-10/Shydo/CE and PD/6-E(i), dated 7-9-1987 the petitioner was appointed as a Driver in the office of Chief Engineer/Project Director (Power), Small Hydel Development Organisation, N.-W.F.P., Peshawar, on temporary basis. On 13-5-1996, the Director, Finance/respondent No. 2, by his Order No. 2625-31/SHYDO/MD/30-E, dated 13-5-1996 removed him from service with immediate effect. 2. The petitioner, aggrieved by the said order, has approached this Court by filing this Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 on the grounds that the impugned order being without jurisdiction/illegal is liable to be set aside. 3. Mr. Adam Khan, Advocate learned counsel for the petitioner present and heard. Record of the case perused. 4. It may be noted that the petitioner was transferred from the office of Managing Director, Shydo, Peshawar to Civil Construction…

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