| Case ID |
00be89df-cc1b-4cbd-b264-a0307d03193f |
| Body |
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| Case Number |
D-2508 of 2018 |
| Decision Date |
Apr 09, 2018 |
| Hearing Date |
Apr 09, 2018 |
| Decision |
The Sindh High Court dismissed Constitution Petition No. D-2508 of 2018 filed by Irfan Saadat Khan against the Federation of Pakistan through the Secretary Ministry of Commerce and two others on April 9, 2018. The petitioner, a BPS-19 officer, challenged his transfer and the posting of Respondent No.3, a BS-18 officer, alleging that these actions were illegal and violated the Constitution of Pakistan, 1973, as well as the Sindh Service Tribunals Act, 1973. The court held that the petitioner’s transfer was within the legal framework governing civil servants and that the jurisdiction of the Sindh Service Tribunals Act, specifically Section 3(2), exclusively vested authority over such matters in the Service Tribunal, thereby excluding the High Court’s jurisdiction. Citing relevant case law, including Shafiq-ur-Rehman Afridi v. CDA (2010 SCMR 378 rel.), Province of Sindh and others v. Ghulam Farid and others (2015 PLC (C.S.) 151), and Anita Turab's case PLD 2013 SC 195, the court reaffirmed that the petitioner’s claims lacked merit. The decision emphasized that transfers and postings of civil servants are subject to statutory provisions and procedural adherence, which were duly followed in this case. Consequently, the court dismissed the petition, upholding the legality of the petitioner’s transfer and the procedural actions taken by the respondents. The judgment reinforced the principle that administrative decisions regarding civil service postings fall under the exclusive jurisdiction of designated tribunals, ensuring that such matters are handled with due process and in accordance with established legal protocols. |
| Summary |
In the significant legal case before the Sindh High Court, Constitution Petition No. D-2508 of 2018, Irfan Saadat Khan, a BPS-19 officer from the Secretariat group, challenged his transfer and the subsequent posting of Respondent No.3, a BS-18 officer, to the Trade Marks Registry Karachi. Filed on April 30, 2018, the petition alleged that the transfer was illegal, discriminatory, and violated the Constitution of Pakistan, 1973, as well as the Sindh Service Tribunals Act, 1973. The petitioner argued that the impugned Notification dated March 28, 2018, which transferred him from the position of Registrar of Trade Marks (BS-19) to report to the Intellectual Property Organization Head Office in Islamabad, and appointed Respondent No.3 in his stead, was in direct violation of previous Supreme Court decisions and constituted an abuse of power by the official respondents.
Represented by Abdul Salam Memon, the petitioner contended that the transfer not only breached the terms and conditions of his service under the Civil Servants Act, 1973 but also disregarded the tenure requirements for such postings. The petitioner highlighted that the transfer order was issued in violation of the judgment in Province of Sindh and others v. Ghulam Farid and others (2015 PLC (C.S.) 151) and Anita Turab's case PLD 2013 SC 195, asserting that these precedents clearly delineate the boundaries of lawful administrative actions concerning civil service transfers.
On the other side, the Federation of Pakistan, through the Secretary Ministry of Commerce and represented by Muhammad Arshad Khan Tanoli, argued that the transfer was conducted in accordance with the legal provisions and did not infringe upon any constitutional mandates. Tanoli submitted a vakalatnama and pertinent documents to demonstrate compliance with the High Court’s order dated March 30, 2018, which had previously suspended the impugned notification. The respondent further contended that the petition became moot following the reassignment of Respondent No.3 to his original BS-18 grade position, thereby fulfilling the petitioner's stated grievances.
Assistants Attorney General Shaikh Liaquat Hussain endorsed the respondent's position, reinforcing the legality of the transfer actions taken. The court, presided over by Justices Irfan Saadat Khan, Adnan-ul-Karim Memon, and Aftab Muhammad Khan, meticulously reviewed the arguments, focusing on the jurisdictional boundaries set by the Sindh Service Tribunals Act, 1973. The court emphasized that Section 3(2) of the Act grants exclusive jurisdiction to the Service Tribunals over disputes related to the terms and conditions of service for civil servants, thereby excluding the High Court from intervening in such administrative matters.
The judges referenced the Civil Servants Act, 1973, and relevant case law to substantiate their decision, underscoring that the petitioner’s transfer fell within the statutory framework and was executed following due process. The court dismissed the petition, concluding that the petitioner had no standing to contest the transfer in the High Court and that the Service Tribunal was the appropriate forum for such grievances.
This judgment highlights the judiciary's role in upholding the statutory provisions governing civil service, reinforcing the principle that administrative decisions regarding transfers and postings must adhere to established legal protocols. It serves as a precedent for future cases involving administrative law and constitutional challenges related to civil service regulations, ensuring that procedural fairness and legal compliance remain paramount in governmental administrative actions. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh High Court,
Federation of Pakistan,
Intellectual Property Organization,
Trade Marks Registry Karachi,
Secretariat group
|
| Judges |
IRFAN SAADAT KHAN,
ADNAN-UL-KARIM MEMON,
AFTAB MUHAMMAD KHAN
|
| Lawyers |
Abdul Salam Memon,
Muhammad Arshad Khan Tanoli
|
| Petitioners |
IRFAN SAADAT KHAN
|
| Respondents |
THE FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF COMMERCE AND 2 OTHERS
|
| Citations |
2019 SLD 3149,
2019 PLC 1483
|
| Other Citations |
Shafiq-ur-Rehman Afridi v. C.D.A. 2010 SCMR 378 rel.,
Province of Sindh and others v. Ghulam Farid and others 2015 PLC (C.S.) 151,
Anita Turab's case PLD 2013 SC 195,
Civil Servants Act, 1973
|
| Laws Involved |
Sindh Service Tribunals Act, 1973,
Constitution of Pakistan, 1973
|
| Sections |
3(2),
4(b),
199,
212
|