Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)--- ----S.4---Constitution of Pakistan (1973), Art,. 212---"Order of transfer' relates to the terms and conditions of service---Service Tribunal cannot refuse to entertain appeal on the ground that the order in question, though made by the departmental authority within meaning of S.4 of the Act, was made on the recommendation or dictation of a higher authority---Service Tribunal, in such a case has to take the order as the order of the authority who purportedly made it, and decide the question, if raised, whether it was made on the recommendation or dictation of a higher authority and was, therefore, mala fide and without ,jurisdiction---Appeal---Appeal lies from a decision without jurisdiction in the same manner as an appeal lies from a decision with jurisdiction. Muhammad Asif v. Secretary to Government of the Punjab C and D Department, Lahore and 4 others 1990 PLC (C.S.) 257; Rana Muhammad Sarwar v. Government of Punjab through Services, General Administration and Information Department and another 1990 SCMR 999; Muhammad Ashfaq v. The State PLD, 1973 SC 368, 378 and Abrar Hassan v. Government of Pakistan and another PLD 1976 SC 315, 334 ref. (b) Appeal--- ----Appeal is a classic instance of direct attack by which an order made or action taken without or in excess of jurisdiction may be challenged---Appeal lies from a decision without jurisdiction in the same manner as an appeal lies from a…

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