RAFIQUE AHMAD CHAUDHRY vs AHMAD NAWAZ MALIK and others

ORDER

AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 16-9-1996 of a learned Single Judge of the Lahore High Court passed in Writ Petition No, 16418 of 1996 susp ending the transfer order of the petitioner while admitting the aforesaid writ petition of respondent No,

1. The petitioner has, therefore, filed the present petition for leave to appeal.

2. In support of the above petition, it has been urged by Mr. Muhammad Hanif Niazi, learned ASC, that prima facie the aforementioned writ petition was not competent before the High Court in view of Article 212 of- the Constitution of the Islamic Republic of Pakistan, 1973, and that even if the High Court had admitted the writ petition, it was not a fit case for suspending the transfer order of the petitioner . In support of his above submission, Mr. Niazi has relied upon an unreported order of this Court dated 24-4-1996 in the case of Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through its Secretary and others (Civil Petition for Leave to Appeal No, 1232-L of 1996) (1997 PLC (C.S.) 123) besides on the case of Munshi Muhammad Azam v. A.C. And-others 1996 PLC (C.S.) 415 .

3. We are inclined to grant leave to consider the question, whether the High Court was justified in suspending the transfer order in a writ petition. Leave is, accordingly , granted. The impugned order is suspended till the disposal of the appeal arising out of the above petition which should be listed for regular hearing at an early date. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.