GOVERNMENT OF N.-W.F.P. through Secretary, Health Department, N.-W.F.P., Peshawar and 3 others vs Haji MUHAMMAD RAFIQUE and another
This matter concerns an appeal against a High Court judgment that set aside an order of transfer of a government servant on the grounds of mala fides, specifically because the transfer was allegedly influenced by the recommendation of a Member of the Provincial Assembly (M.P.A.). The core legal questions before the Supreme Court involve whether the High Court possessed the requisite jurisdiction to interfere with a transfer order, given that such matters pertain to the terms and conditions of service, and whether the Service Tribunal holds exclusive jurisdiction in such disputes. Furthermore, the appeal addresses the broader principle of whether the High Court is empowered to interfere with administrative transfer orders made in the exigency of service and public interest. The Supreme Court granted leave to appeal to examine these jurisdictional and administrative law issues, effectively challenging the High Court's intervention in service-related transfer matters and the scope of judicial review regarding administrative exigencies.
- Does the High Court have jurisdiction to set aside a government servant's transfer order?
- Does the Service Tribunal have exclusive jurisdiction over matters relating to the terms and conditions of service?
- Can the High Court interfere with an order of transfer made in the exigency of service and public interest?
- Article 199, Constitution of Pakistan 1973
' ABDUL QADEER CHAUDHRY, J.---The respondent No,1 challenged the order of his transfer in a Constitution petition before the High Court. The High Court accepted the petition on the ground.
That the order of transfer was mala fide as it was made on the recommendation of an M.P.A.
2. The learned Advocate-General submitted that the High Court had no jurisdiction to set aside the order of transfer as it relates to the terms and A conditions of service and the Service Tribunal has exclusive jurisdiction in the matter and secondly the High Court could not interfere in the order of transfer which is made in the exigency of service and in the public interest.
' Leave to appeal is granted.