1996 PLP (C (PLC(CS))
BASHIR AHMAD Versus THE ASSISTANT COMMISSIONER/COLLECTOR, NANKANA SAHIB, DISTRICT SHEIKHUPURA and 2 others
| Citation | 1996 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | M. Javed Buttar, J |
| Parties | BASHIR AHMAD Versus THE ASSISTANT COMMISSIONER/COLLECTOR, NANKANA SAHIB, DISTRICT SHEIKHUPURA and 2 others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1996 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: M. Javed Buttar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP (C (PLC(CS)) (BASHIR AHMAD Versus THE ASSISTANT COMMISSIONER/COLLECTOR, NANKANA SAHIB, DISTRICT SHEIKHUPURA and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Muhammad Arif for Petitioner.
Headnotes / Summary
Arts. 212 & 199
Punjab Service Tribunals Act (IX of 1974), S.4-- Constitutional petition
Transfer of civil servant from one place to another-- Validity
Appropriate forum--Civil servant challenged his transfer from one place to another through Constitutional petition
Civil servant on being confronted with jurisdictional defect due to bar contained in Art.212(2) of the Constitution sought permission to withdraw Constitutional petition to avail remedy of appeal before Service Tribunal as provided in the Constitution
High Court while disposing of Constitutional petition desired that Service Tribunal in such like matters should be guided by the guidelines laid down by Supreme Court in Zahid Akhtar's case PLD 1995 SC
530. Munshi Muhammad Azam v. Assistant Commissioner and others 1996 PLC (C.S.) 415 and Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development Department, Lahore and 2 others PLD 1995 SC 530 rel.
Judgment & Decree
Writ Petition No.3355 of 1996, decided on 3rd February, 1996. ‑‑‑‑Arts. 212 & 199‑‑‑Punjab Service Tribunals Act (IX of 1974), S.4‑‑ Constitutional petition‑‑‑Transfer of civil servant from one place to another‑‑ Validity‑‑‑Appropriate forum‑‑Civil servant challenged his transfer from one place to another through Constitutional petition‑‑‑Civil servant on being confronted with jurisdictional defect due to bar contained in Art.212(2) of the Constitution sought permission to withdraw Constitutional petition to avail remedy of appeal before Service Tribunal as provided in the Constitution‑‑‑High Court while disposing of Constitutional petition desired that Service Tribunal in such like matters should be guided by the guidelines laid down by Supreme Court in Zahid Akhtar's case PLD 1995 SC
530. Munshi Muhammad Azam v. Assistant Commissioner and others 1996 PLC (C.S.) 415 and Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development Department, Lahore and 2 others PLD 1995 SC 530 rel. Rana Muhammad Arif for Petitioner. The petitioner is a civil servant and is aggrieved of his transfer from one place to another. The grounds of mala fide, arbitrariness, administrative tyranny and political interference have been urged before this Court. However, on being confronted with the jurisdictional defect in this petition due to bar contained in Article 212(2) of the Constitution of Pakistan and also with the law laid down in Munshi Muhammad Azam v. Assistant Commissioner etc. 1996 PLC (C.S.) 415 to the effect that such like orders can be challenged directly in an appeal before the Punjab Service Tribunal and there is no compulsion to make departmental representation before approaching the above said forum, Learned counsel for the petitioner has sought permission to withdraw this petition to, avail the remedy of an appeal before the Punjab Service Tribunal. It goes without saying that the Punjab Service Tribunal in such like matters is to be guided by the guidelines laid down by the honourable Supreme Court in Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development Department, Lahore and 2 others PLD 1995 SC
530. This petition is accordingly disposed of as withdrawn. A.A./B‑1/L Order accordingly.