| Case ID |
2e690b85-ba61-4e75-bdc5-35df5ab78c72 |
| Body |
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| Case Number |
Writ Petition No. 12348 of 1996 |
| Decision Date |
Aug 20, 1996 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the court found that the resolution of disputes regarding civil servants' terms and conditions must be handled by the Service Tribunal as stipulated in Article 212 of the Constitution. The petitioner alleged that the transfer order was influenced by a Minister, but the court emphasized that such matters should not bypass the established constitutional framework. The court maintained that grounds such as mala fides and jurisdictional errors are to be raised before the appropriate tribunal, not the High Court. Therefore, the petitioner was advised to seek vindication of his rights through the relevant forum, leading to the dismissal of the petition. |
| Summary |
This case involves a constitutional petition filed by Manzoor Ahmad, an Executive Engineer in the Highway Division of Lahore, challenging his transfer order on the grounds of alleged undue influence by a Minister. The Lahore High Court, presided over by Justice Karamat Nazir Bhandari, emphasized the constitutional provisions under Article 212, which mandates that disputes regarding civil servant transfers be resolved by the Service Tribunal. The court highlighted the importance of adhering to the constitutional framework and stated that allegations of mala fides and jurisdictional errors should be addressed within the appropriate legal forum. Ultimately, the court dismissed the petition, reinforcing the need for civil servants to utilize available legal avenues for resolving such disputes. This case is significant as it underscores the procedural boundaries set by the Constitution of Pakistan regarding the jurisdiction of High Courts and Service Tribunals, ensuring that civil service matters are handled correctly and fairly. Keywords: civil service, constitutional petition, Lahore High Court, Service Tribunal, Article 212. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
KARAMAT NAZIR BHANDARI, J
|
| Lawyers |
MahmoodulIslam for Petitioner,
Ch. Muhammad Hussain for Respondent No. 3
|
| Petitioners |
MANZOOR AHMAD, EXECUTIVE ENGINEER, HIGHWAY DIVISION, LAHORE
|
| Respondents |
GOVERNMENT OF THE PUNJAB through Secretary, Communication and Works Department, Lahore and 3 others
|
| Citations |
1997 SLD 692,
1997 PLC 241
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Civil Servants Act (VIII of 1974),
Constitution of Pakistan (1973)
|
| Sections |
9,
199,
212
|