Law:

Section:

Constitution of Pakistan (1973)--Arts. 212 & 199 --- Constitutional petition before High Court under Art.199 of the Constitution in service matters --- Maintainability --- Opposing civil servant in his appeal before Service Tribunal had challenged order of Authority whereby he was transferred, but appeal, later on, was withdrawn by him --- Opposing civil servant suppressing fact of filing appeal before Service Tribunal, approached High Court by filing Constitutional petition and succeeded in getting order of Authority suspended --- Order passed by Authority was open to challenge before Service Tribunal after availing Departmental remedy --- Article 212 of Constitution of Pakistan (1973), was a bar against filing of, Constitutional petition under Art.199 in relation to terms and conditions of civil servant--­Order passed by High Court in Constitutional petition was set aside by Supreme Court in circumstances,. JUDGMENT IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the order dated 24-64998 passed by a learned Single Judge of the Lahore High Court in Writ Petition No. 12107 of 1998 whereby the order dated 6-6-1998, passed by the Secretary, Government of Punjab, Home Department, holding in abeyance the order, dated 30th May, 1998, by which the petitioner herein was transferred from Sheikhupura and posted vice Manzoor Ahmad, respondent No.3 as Civil Defence Officer, Toba Tek Singh, was suspended vide C.M.No.2 of 1998 in the said writ petition. 2. Respondent No.3 before approaching the High Court filed an appeal before the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), challenging the order dated 6-6-1998 referred above but the same was disposed of as withdrawn by order dated 15-6-1998 passed by the Tribunal on request on behalf of the respondent, inasmuch as, the departmental representation against the said original order had not been made. The respondent by suppressing this fact…

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