Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--S. 9---Constitution of Pakistan (1973), Arts. 185 & 212---Civil service--­Transfer---High Court in Constitutional petition filed under Art. 199, suspending order of transfer of civil servant without examining whether Constitutional petition was hit by Art. 212 of the Constitution ---Validity--­Supreme Court in earlier dated 19-11-1996 had converted similar petition into appeal and had disposed of the same in terms that both petitioner and respondent being civil servants, matter relating to their transfer/posting would fall within exclusive jurisdiction of Service Tribunal---Jurisdiction of all other Courts including the High Court in such matters was expressly barred in terms of Art. 212(2) of the Constitution---Supreme Court deemed it just and proper to dispose of petition in terms of its earlier order dated 18-6-1996--­Petition for leave to appeal was converted into appeal and disposed of in terms of earlier order of Supreme Court with direction that High Court would expedite disposal of Constitutional petition in terms of Supreme Court's earlier order dated 18-6-1996. Civil Petition No. 2105-L of 1996 rel. Sh. Naveed Shehryar, `Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. C.M. Latif, Advocate Supreme Court for Respondent No.1. Respondent No-2 in person. Date of hearing: 27th January, 1997. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against an interlocutory order dated 5-6-1996 upon respondent No. 2's Civil Miscellaneous No.1 of 1996 in Writ Petition No. 6552 of 1996, filed by respondent No. 2 against the order of his transfer, suspending the impugned transfer order without examining the question, as to whether the writ petition was hit by At, 212 of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution. 2. A learned Judge of this Court on 18-6-1996 passed the following Chamber order: "The interim order made by the High Court in Civil Miscellaneous No. l of 1996 is suspended till the High Court first determines whether it has jurisdiction to entertain the writ petition in view of the bar contained in clause…

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