1998 PLP 1948 (SCMR)
Syed MAZHAR HUSSAIN BUKHARI‑‑‑Appellant Versus SECRETARY, GOVERNMENT OF PUNJAB LOCAL GOVERNMENT AND
| Citation | 1998 PLP 1948 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasir Aslam Zahid, Munawar Ahmad Mirza and Abdur Rehman Khan, JJ |
| Parties | Syed MAZHAR HUSSAIN BUKHARI‑‑‑Appellant Versus SECRETARY, GOVERNMENT OF PUNJAB LOCAL GOVERNMENT AND |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 1948 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1948 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasir Aslam Zahid, Munawar Ahmad Mirza and Abdur Rehman Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1948 (SCMR) (Syed MAZHAR HUSSAIN BUKHARI‑‑‑Appellant Versus SECRETARY, GOVERNMENT OF PUNJAB LOCAL GOVERNMENT AND). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Appellant (in C.A. Mo. 1012 of 1994).
- Zainul Abidin, Senior Advocate Supreme Court for Respondents Nos. 1 and 2 (in C.A. Mo. 1012 of 1994).
- Tanvir Ahmed, Advocate‑on‑Record for Respondent No.3. _
- Nemo for Appellant (in C A. No. 1448 of 19951.
- Nemo for Respondent (in C.A No, 1448 of 1995).
- Date of hearing: 17th June, 1998.
- Tanvir Ahmed, Advocate-on-Record for Respondent No.3. _
- NASIR ASLAM ZAHID, J.---This judgment will dispose of Civil Appeal No. 1012 of 1995 filed by Syed Mazhar Hussain Bukhari and Civil Appeal No. 1448 of 1995 filed by Dr. Mrs. Zahida Iftikhar. Except for Mr Zainul Abdin, learned Senior Advocate Supreme Court for respondent Nos. l and 2 and Mr. Tanvir Ahmed, learned Advocate-on-Record for respondent No.3 in Civil Appeal No. 1012 of 1995 no one is present on behalf of any other party We have heard Mr. Zainul Abdin, learned Senior Advocate Supreme Court. We have also perused the relevant record.
Headnotes / Summary
‑‑‑‑Arts. 212 & 199‑‑‑Constitutional petition under Art. 199 of the Constitution‑. ‑‑Maintainability‑‑‑Constitutional petition under Art. 199 of the Constitution is not maintainable by a civil servant in relation to any matter connected with the terms and conditions of his service in respect whereof the Service Tribunal has jurisdiction‑‑‑Even those orders challenged on the ground of mala fides being appealable before the Service Tribunal are barred by Art. 21,2 of the Constitution to be challenged before High Court under Art. 199 of the Constitution. Khalid Mahmood Wattoo v. Government of Punjab Civil Petition No.727‑L of 1998 fol.
Judgment & Decree
NASIR ASLAM ZAHID, J.
This judgment will dispose of Civil Appeal No. 1012 of 1995 filed by Syed Mazhar Hussain Bukhari and Civil Appeal No. 1448 of 1995 filed by Dr. Mrs. Zahida Iftikhar. Except for Mr Zainul Abdin, learned Senior Advocate Supreme Court for respondent Nos. l and 2 and Mr. Tanvir Ahmed, learned Advocate-on-Record for respondent No.3 in Civil Appeal No. 1012 of 1995 no one is present on behalf of any other party We have heard Mr. Zainul Abdin, learned Senior Advocate Supreme Court. We have also perused the relevant record.
2. Civil Appeal No.-1012 of 1995 is directed against the order of the Lahore High Court dated 15-6-1995 dismissing his writ petition. Appellant is an employee of Zila Council, Lodhran, and he has challenged his transfer from one place of posting to another place. His Writ Petition No.5249 of 1994 was dismissed in limine by order dated 15-6-1995 of the Lahore High Court on the ground that it was not maintainable as the transfer order having been passed in relation to the terms and conditions of service it-was appealable before the Service Tribunal It was held that the writ petition was barred under Article 212 of the Constitution. Civil Appeal No. 1448 of 1995 filed by Dr. Mrs. Zahida Iftikhar is directed against the order dated 17-4-1994 passed by a Division Bench of the Lahore High Court dismissing her Intra-Court Appeal No.208 of 1994. It was held that her writ petition was barred under Article 212 of the Constitution as rightly held by the learned Single Judge.
3. We find no infirmity in the impugned orders in both the appeals. Even those orders challenged on the ground of mala fide, are appealable before the Service Tribunal and Article 212 of the Constitution is a bar against filing of a Constitutional Petition before the High Court under .Article 199 of the Constitution. In a recent decision passed on 27-5-1998 dismissing Civil Petition No.727-L of 1998 (Khalid Mahmood Wattoo v. Government of Punjab), this Court (a Bench of 3 Judges) examined this question in some detail and referred to a number of judgments of this Court and also of the High Court and dismissed the petition filed by petitioner Khalid Mahmood Wattoo on the ground that it was a bar under Article 212 of the Constitution. It was reiterate as follows:-- "The consistent view of the this Court has been that a writ petition or Constitutional petition under Article 199 of the Constitution is not maintainable by a civil servant in relation to any matter connected with the terms and conditions of service in respect whereof the Service Tribunal has jurisdiction, in view of the provisions contained in Article 212 of the Constitution." It was further held in the said decision that even in cases where the order is bar is mala fide, the bar of Article 212 of the Constitution is attracted.
4. As a result, Civil Appeal No.1012 of 1995 filed by Syed Mazhar Hussain Bukhari and Civil' Appeal No.1448 of 1995 filed by Dr. Mrs. Zahida Iftikhar are dismissed. The interim orders passed in these appeals stand recalled M.B.A./M-183/S Appeals dismissed