2023 PLP (C (PLC(CS))

MUHAMMAD AAMIR NAWAZ RANA, J.

Through this petition the notification bearing No. SOA,1-6/2022/3466-70 dated 13th July, 2022 has been assailed by the petitioner, whereby the services of the petitioner as Project Director, Awaran Dam were suspended on account of weak administration and lack of interest in procurement process of Awaran Dam Project; due to negligence and inefficiency as per notification the procurement process could not be completed on time leading to non-execution of the project.

2. Admittedly, the petitioner is a civil servant (BPS-19) Officer of Irrigation Department Government of Balochistan and pursuant to Notification bearing No. SOA, 1-6/2021/3110-17 dated 3rd September, 2021, the services of petitioner were transferred and he was posted as Project Director, Awaran Dam Project. Learned counsel for the petitioner vehemently pointed out the illegalities in the impugned notifications whereby the petitioner was suspended and as per learned counsel Junior Officer was posted against the said post which according to learned counsel is gross violation of applicable rules and law. Further the learned counsel alleged mala fide on part of the concerned respondents; resulting in the shape of impugned notification against the petitioner. Arguments heard at length and after due deliberations, it is noted that since petitioner is admittedly a civil servant and was just transferred and posted as Project Director, Awaran Dam so the bar contained in Article 212 of the Constitution Islamic Republic of Pakistan, 1973 is attracted vis-a-vis jurisdiction of this Court; in this regard reliance is placed upon the judgment passed by Hon'ble Supreme Court of Pakistan in case titled as "Federation of Pakistan through Secretary Establishment, Islamabad v. M.Y. Labib-ur-Rehman and others"(1) the relevant excerpt is reproduced as under: "

There is no denial to this fact that the bare reading of the said Article is of significant importance especially with reference to its exclusive jurisdiction to entertain matters relating to terms and condition of service. Hence, in all eventualities any petition relating to terms and condition of service is to be dealt with by administrative courts and tribunals specifically established for its adjudication in pursuance of Article 212 of the Constitution. As a general principle, the framers of the Constitution while inserting the said provision have ousted the jurisdiction of other courts including the High Court under Article 199 of the Constitution".

3. That the learned counsel attempted to point out different mala fides and submitted that against mala fide actor order of the Government functionaries writ jurisdiction is always available, we are afraid that this submission is also devoid of any legal substance as all these questions can be considered and adjudicated upon by the relevant Service Tribunal; and only in extra ordinary circumstances of great public importance the extra ordinary jurisdiction of this Court under Article 199 of the Constitution can be invoked.

4. Since, the petitioner was transferred and posted vide order dated 03rd September, 2021 as Project Director, Awaran Dam Project and he remained on the said post till his suspension vide impugned order and as petitioner was transferred and posted as Project Director and was not appointed as Project Director in accordance with policy/guidelines provided by Planning Commission Government of Pakistan Ministry of Planning, Development and Special Initiatives, therefore, the petitioner is not entitled for any such protection provided by policy/guidelines issued by Planning Commission Government of Pakistan Ministry of Planning, Development and Special Initiatives with regard to appointment of Project Directors and protection to their tenures. That in view of bar contained in Article 212 of Constitution and considering judgment of Apex Court mentioned above, it is held that petition being not maintainable is dismissed in limine, however, petitioner is at liberty to approach competent forum for redressal of his grievance in accordance with law. SA/123/Bal. Petition dismissed.