| Case ID |
1aa63bcc-8ed8-4cf5-9bd1-c1b2a881023c |
| Body |
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| Case Number |
W.P. No. 70222 of 2022 |
| Decision Date |
Nov 08, 2022 |
| Hearing Date |
Nov 08, 2022 |
| Decision |
The Lahore High Court dismissed the petition filed by Ghulam Mahmood Dogar, an Additional Inspector General of Police, challenging his transfer from the Punjab Government to the Federal Government. The court held that the petitioner had not been relieved by the Provincial Government, thus lacking jurisdiction to entertain the case. The court emphasized that all matters concerning terms and conditions of service for civil servants, including transfer and suspension, fall under the jurisdiction of the Services Tribunal as per Article 212 of the Constitution. The court ruled that the petitioner should seek remedies through the appropriate forums, including the Service Tribunal, rather than through the High Court. |
| Summary |
This case revolves around the constitutional petition filed by Ghulam Mahmood Dogar, who challenged the notifications regarding his transfer and suspension from the Punjab Government to the Federal Government. The Lahore High Court determined that the Provincial Government had not relieved the petitioner, thus the court lacked jurisdiction over the matter. The court's decision highlighted the importance of Article 212 of the Constitution, which restricts the High Court's jurisdiction in matters related to civil servants' terms and conditions of service, including transfers and suspensions. The ruling underscored that such disputes should be resolved through the Services Tribunal, affirming the legal principle that civil servants must utilize available statutory remedies before approaching the High Court. The case emphasizes the procedural requirements for transfers in civil service and the legal frameworks governing such administrative actions, providing a significant precedent for future cases involving civil service disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muzamil Akhtar Shabir, J.
|
| Lawyers |
Sohail Shafique,
Sardar Akbar Ali Dogar,
Ch. Ishtiaq Ahmad Khan,
Syed Ali Hassan,
Muhammad Ahmad Pansota,
Mirza Nasar Ahmad,
Mir Haroon-ul-Rasheed,
Ch. Muhammad Jahanzaib,
Mr. Tipu Salman Makhdoom,
Rai Shahid Saleem
|
| Petitioners |
GHULAM MAHMOOD DOGAR
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
2024 SLD 4562,
2024 PLJ 508
|
| Other Citations |
2015 SCMR 456,
2016 SCMR 2057,
2019 PLC (CS) 764,
2019 PLC (CS) 658,
2021 SCMR 1554
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
212
|