| Case ID |
38b1043e-fec3-4505-9717-7fa2024813e0 |
| Body |
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| Case Number |
W.P. No. 845 of 1993 |
| Decision Date |
Jan 25, 1993 |
| Hearing Date |
|
| Decision |
The case revolves around the transfer of Ghazanfar Ali, a civil servant, from one educational institution to another within the same district. The Lahore High Court ruled that the transfer order issued by the District Education Officer was not challengeable under Article 199 of the Constitution. The court emphasized that if the petitioner believed the transfer was influenced by extraneous considerations, he should address his grievances to higher authorities or pursue an appeal before the appropriate Service Tribunal. The decision highlights the limitations of constitutional jurisdiction regarding administrative transfers unless there is clear evidence of misconduct or procedural irregularity. |
| Summary |
In the case of Ghazanfar Ali vs D.E.O. (Male), Toba Tek Singh, the Lahore High Court addressed the constitutional jurisdiction under Article 199 of the Constitution of Pakistan (1973) concerning the transfer of a civil servant. The petitioner, Ghazanfar Ali, contested his transfer from Government High School No. 1 to Government Middle School, asserting that it was influenced by local political pressures rather than genuine administrative needs. The court, however, ruled that such transfer orders are not typically subject to judicial review unless there is substantial evidence to suggest that they were made on improper grounds. This case underscores the importance of administrative rights and the processes available to civil servants who feel aggrieved by their transfers. Keywords: administrative law, civil service transfers, constitutional jurisdiction, Lahore High Court, Pakistan law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ARIF, J,
GHAZANFAR ALI
|
| Lawyers |
Aziz Ahmed Malik
|
| Petitioners |
Ghazanfar Ali
|
| Respondents |
D.E.O. (MALE), TOBA TEK SINGH
|
| Citations |
1993 SLD 1655 = 1993 PLC 1085
|
| Other Citations |
1992 SCMR 1843,
1991 SCMR 477,
1990 PLC (C.S.) 257
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
212
|