2004 PLP (C (PLC(CS))
Mst. HUSSAN ARA Versus GOVERNMENT OF THE PUNJAB and others
| Citation | 2004 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ijaz Ahmad Chaudhry, J |
| Parties | Mst. HUSSAN ARA Versus GOVERNMENT OF THE PUNJAB and others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2004 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 2004 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ijaz Ahmad Chaudhry, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP (C (PLC(CS)) (Mst. HUSSAN ARA Versus GOVERNMENT OF THE PUNJAB and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Hussain Khan for Petitioner.
- 2. Brief facts of the case are that the petitioner was serving as Hostel Warden in the Girls College, Sargodha and news appeared in daily `Khabrain' by its representative that some intoxication were distributed in the hostel to the students and an inquiry was got conducted by Deputy Commissioner through Addl. Deputy Commissioner, Sargodha, in which the petitioner was exonerated from the charges, but in spite of that report the petitioner has been made victim by the Principal, who wanted to place another lecturer of her choice in the College. It is further contended that earlier the same Principal had written a letter, when she was Assistant' Professor and admired her, services. According to the learned counsel for petitioner the transfer is made with mala fide intention and ulterior motive, therefore, the same order is available to be set aside
- 3. I have heard the arguments of the learned counsel for petitioner at length and perused the documents attached with this petition the petitioner is admittedly a civil servant and has challenged her transfer order through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan. Article 212 of the Constitution bars the jurisdiction of this Court in such-like matter. The writ petition is not maintainable as held by Hon'ble Supreme Court of Pakistan in Zahid Akhtar's case (PLD 1995 SC 530), that even if the transfer order is passed with mala fide, coram non judice and ultra vires, can only be challenged before the Service Tribunal and not, before the High Court. This writ petition is not maintainable. It is dismissed.
Headnotes / Summary
Arts. 199 & 212
Constitutional petition, maintainability of
Civil servant had sought setting aside of order of Authority transferring him from one place to another-- Constitutional petition filed by civil servant was not maintainable because Art. 212 of Constitution of Pakistan (1973) barred jurisdiction of High Court in matters like transfer
Even if transfer order was passed mala fide and was coram non judice and ultra vires, same could only be challenged before Service Tribunal and not before High Court. Zahid Akhtar's case PLD 1995 SC 530 ref.
Judgment & Decree
Arts. 199 & 212
Constitutional petition, maintainability of
Civil servant had sought setting aside of order of Authority transferring him from one place to another-- Constitutional petition filed by civil servant was not maintainable because Art. 212 of Constitution of Pakistan (1973) barred jurisdiction of High Court in matters like transfer
Even if transfer order was passed mala fide and was coram non judice and ultra vires, same could only be challenged before Service Tribunal and not before High Court. Zahid Akhtar's case PLD 1995 SC 530 ref. Zahid Hussain Khan for Petitioner. Through this Constitutional petition, the petitioner seeks setting aside of order dated 26-3-2002, by which the petitioner has been transferred from Government Girls College, Sargodha to Girls College, Chenab Nagar.
2. Brief facts of the case are that the petitioner was serving as Hostel Warden in the Girls College, Sargodha and news appeared in daily `Khabrain' by its representative that some intoxication were distributed in the hostel to the students and an inquiry was got conducted by Deputy Commissioner through Addl. Deputy Commissioner, Sargodha, in which the petitioner was exonerated from the charges, but in spite of that report the petitioner has been made victim by the Principal, who wanted to place another lecturer of her choice in the College. It is further contended that earlier the same Principal had written a letter, when she was Assistant' Professor and admired her, services. According to the learned counsel for petitioner the transfer is made with mala fide intention and ulterior motive, therefore, the same order is available to be set aside
3. I have heard the arguments of the learned counsel for petitioner at length and perused the documents attached with this petition the petitioner is admittedly a civil servant and has challenged her transfer order through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan. Article 212 of the Constitution bars the jurisdiction of this Court in such-like matter. The writ petition is not maintainable as held by Hon'ble Supreme Court of Pakistan in Zahid Akhtar's case (PLD 1995 SC 530), that even if the transfer order is passed with mala fide, coram non judice and ultra vires, can only be challenged before the Service Tribunal and not, before the High Court. This writ petition is not maintainable. It is dismissed. H.B.T./H-162/L Petition dismissed.