| Case ID |
3a62a43c-bbfa-4175-bf9d-8bc38e6c31ab |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No.1564-L of 19 |
| Decision Date |
Dec 30, 1997 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that the dispute regarding the transfer of the petitioner, a civil servant under the Punjab Local Council Service, should be addressed by the Service Tribunal rather than the High Court. The High Court had previously suspended the transfer order without considering its jurisdiction under Article 212 of the Constitution. The Supreme Court converted the petition for leave to appeal into an appeal, set aside the High Court's order, and remanded the case back to the High Court to first determine its jurisdiction before issuing any interim orders. This decision emphasized the importance of the proper legal forum for service-related disputes among civil servants. |
| Summary |
In this significant case from the Supreme Court of Pakistan, the focus lies on the jurisdictional boundaries concerning civil service disputes. The case centers around the transfer of Khalid Javaid Khalid, a civil servant, from Bahawalpur to Gujranwala. The Lahore High Court's interim order suspending this transfer was challenged on jurisdictional grounds, as it was argued that such matters fall exclusively under the purview of the Punjab Service Tribunals Act, 1974. The Supreme Court ultimately found that the High Court had overstepped its jurisdiction and directed the matter back for proper adjudication. This case underscores the critical need for civil servants to adhere to established legal frameworks when contesting administrative decisions, thereby ensuring that disputes are resolved in the appropriate forums. Keywords like 'civil service disputes', 'jurisdiction of courts', and 'Punjab Service Tribunals' make this case relevant for ongoing discussions in administrative law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IRSHAD HASAN KHAN,
SH. IJAZ NISAR
|
| Lawyers |
Ch. Mushtaq Masood, Advocate Supreme Court,
Sh. Masud Akhtar, Advocate-on-Record,
Farooq Zaman, Advocate Supreme Court,
S. Abul Asim Jafri, Advocate-on-Record
|
| Petitioners |
KHALID JAVAID KHALID
|
| Respondents |
IJAZ AHMED,
2 others
|
| Citations |
1998 SLD 829,
1998 SCMR 2061
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Local Government Ordinance,
Punjab Service Tribunals Act,
Constitution of Pakistan
|
| Sections |
44,
4,
199,
212
|