Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)-------S.1(2)---Politicion whether public servants---Under provisions of Punjab Civil Servants Act, 1974 and Rules framed thereunder, the Politicians did not figure anywhere. (b) Constitution of Pakistan (1973)--- ----Art. 4---General Clauses Act (X of 1897), S. 24-A---Duty and obligation of Public functionaries---Public functionaries, were duty bound to act in accordance with law and after applying their own independent mind. Messrs Airport Support Service's case 1998 SCMR 2268 ref. (c) Constitution of Pakistan (1973)--- ----Art. 5(2)---Obeying command of Constitution---Everybody was bound to obey the command of Constitution, under Art. 5(2), thereof. Ch. Zahoor Elahi's case PLD 1975 SC 383 ref (d) Administration of justice--- ---- Competent Authority passing order under the directions of its superior, was not sustainable in the eye of law. Ghulam Mohy-ud-din's case PLD 1964 SC 829 ref. (e) Punjab Civil Servants Act (VIII of 1974)--- ----S. 9---Constitution of Pakistan (1973), Art. 199---Constitutional petition--Maintainability---Posting and transfer of civil servant---Posting and transfer of a civil servant being a part and parcel of terms and conditions of service, Constitutional petition against the same was not maintainable. Nazir Hussain, Ex-Director. v. N.-W.F.P. through C.S. and others 1992 SCMR 1843; Rana Muhammad Sarwar v. Government of Punjab and other 1990 SCMR 999 and Zahir Akhtar's case PLD 1995 SC 530 ref. (f) Constitution of Pakistan (1973)--- ----Arts. 4, 199 & 212---Service Tribunals Act (LXX of 1973), S. 4--­Direction to Public functionaries---Jurisdiction of High Court---Despite bar as contained in Art. 212 of the Constitution, read with S.4 of Service Tribunals Act, 1973, High Court had ample jurisdiction to give direction to Public functionaries to act in accordance with law. H. M. Rizvi and 5 others. v. Maqsood Ahmad and 6 others PLD 1981 SC 612 and Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325 ref. Syed Zafar Abbas Mashadi for Petitioner. Muhammad Hanif Khatana, Addl. A.-G. assisted by Muntazar Mehdi for Respondents (on Court's…

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