Case Details

Citation(s)
2000 SLG 626 2000 SLD 626 2000 PLC 1
Lahore High Court
Writ Petition No. 1733 of 1999, decision dated: 8-02-1999.
GHULAM MAHMOOD QURESHI, J.

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AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN and 3 others

VS

SENIOR CIVIL JUDGE, OKARA, DISTRICT OKARA and 2 others

Law:

Section:

Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2---Transfer of civil servant---Interim injunction---Jurisdiction of Civil Court--- Bar---Civil Court granted ad interim injunction against transfer order of a civil servant---Matter of transfer of civil servant related to terms and conditions of service which fell within the exclusive jurisdiction of Service Tribunal---Ad interim injunction granted by Civil Court suspending transfer order, was without lawful authority and of no legal value. Zahid Akhtar v. Secretary, Government of Punjab Local Government and Rural Development Department PLD 1995 SC 530; Ikhlaq Ahmad v. Secretary, Government of Punjab 1998 SCMR 516 and Mst. Nahid Akram v. The Province of Punjab and others 1998 SCMR 222 ref. Umar Alvi for Petitioners. Syed Manzoor Hussain Gillani for Respondents. Sh. Anwar-ul-Haq, Deputy Attorney-General (on Court's Notice). ORDER The learned counsel for petitioner submitted that respondent No.3 has challenged the vires of his transfer order before Senior Civil Judge, Okara, who vide his order, dated 26-1-1999 issued an interim injunction suspending the impugned transfer order. He submits that the learned Senior Civil Judge has got no authority under the law to interfere in such-like matter as the matter relates to terms and conditions of service, which is in exclusive jurisdiction of Service Tribunal. 2. The learned Deputy…
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