1994 PLP (C (PLC(CS))
Mrs. NASREEN JOHN Versus SISTER MARY JOHN WILLIAM BIBI
| Citation | 1994 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | M. Mahboob Ahmed, CJ and Malik Muhammad Qayyum, J |
| Parties | Mrs. NASREEN JOHN Versus SISTER MARY JOHN WILLIAM BIBI |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1994 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 1994 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: M. Mahboob Ahmed, CJ and Malik Muhammad Qayyum, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP (C (PLC(CS)) (Mrs. NASREEN JOHN Versus SISTER MARY JOHN WILLIAM BIBI). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Abdullah for Petitioner.
Headnotes / Summary
‑‑‑‑Arts 199 & 212‑‑‑Employee challenged his transfer by filing Constitutional petition before High Court without first challenging same before Service Tribunal‑‑‑High Court dismissed petition as not maintainable‑‑‑Controversy involved in case being such which could be agitated before Service Tribunal, Constitutional petition was rightly found not maintainable by High Court. Nazir Hussain (Ex‑Director Excise and Taxation), Administrator, Auqaf, N: W.F.P., Peshawar v N: W.F.P. through the Chief Secretary/Secretary, Services and General Administration Department, Government of N: W.F.P., Peshawar and 2 others 1992 SCMR 1843 ref.
Judgment & Decree
M. MAHBOOB AHMED, CJ.‑‑‑This appeal under section 3 of the Law Reforms Ordinance, 1972 calls in question order, dated 20th of April, 1993 passed by a learned Single Judge of this Court in Writ Petition No. 3927 of 1993.
2. By the said order the learned Single Judge had dismissed the petition filed by the petitioner under Article 199 of the Constitution of Islamic Republic of Pakistan to challenge her transfer directed by order dated 12‑4‑1993 passed by respondent No.
2. The learned Single Judge by his impugned order dated 20‑4‑1993 held the aforementioned Constitutional petition as not maintainable in view of the dictum of the Supreme Court of Pakistan in this regard as laid down in the judgments cited in the impugned order.
3. The learned counsel for the appellant has today attempted to argue that the controversy involved is not such which could be agitated before the Service Tribunal and therefore a petition under Article 199 of the Constitution is maintainable. We are unable to agree with this contention in view of the pronouncement of the Hon'ble Supreme Court of Pakistan in Nazir Hussain (Ex‑Director, Excise and Taxation), Administrator, Auqaf, W.F.P., Peshawar v. N.‑W.F.P. through the Chief Secretary/Secretary, Services and General Administration Department, Government of N.‑W.F.P., Peshawar and 2 others reported as 1992 SCMR 1843, and a number of earlier judgments in which the same view has been taken.
4. Resultantly, this appeal being without merit is dismissed in limine. H.B.T./N‑225/L Appeal dismissed.