| Case ID |
36cb540a-9997-4b9c-a0f6-0dbef428afc1 |
| Body |
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| Case Number |
Writ Petition No. 5214 of 1989 |
| Decision Date |
Dec 20, 1989 |
| Hearing Date |
Dec 20, 1989 |
| Decision |
The petitioner, a civil servant, challenged the cancellation of his transfer and his re-posting to his former station. The impugned order was claimed to be in the interest of the Pupil Teacher Union Study, and it was found that there were no violations of law or rules. The court noted that the transfer cancellation was not influenced by political pressures, and the petitioner failed to establish a case for intervention. Consequently, the court declined to exercise its constitutional jurisdiction and declared the impugned order as lacking lawful authority, resulting in the petition being allowed. |
| Summary |
In the case of Writ Petition No. 5214 of 1989, the Lahore High Court dealt with a significant constitutional issue concerning the transfer of a civil servant, HABIBULLAH KHAN. The petitioner's transfer was challenged on grounds of legality and procedural adherence. The court examined the constitutional provisions under Article 199, which governs the jurisdiction of the High Court in such matters. The ruling emphasized that the transfer was executed without any violation of applicable laws or rules, and was not influenced by external political factors. The decision highlights the importance of lawful authority in administrative actions and reinforces the autonomy of civil service operations. This case serves as a precedent for future disputes regarding civil servant transfers and the exercise of constitutional jurisdiction. Key terms include constitutional jurisdiction, civil servant rights, lawful authority, and administrative law, which are trending topics in legal discussions today. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSAN-UL-HAQ CHAUDHRY, J
|
| Lawyers |
Not available
|
| Petitioners |
HABIBULLAH KHAN
|
| Respondents |
DISTRICT EDUCATION OFFICER (MALE), BHAKKAR
|
| Citations |
1990 SLD 1518,
1990 PLC 699
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Art. 199
|