Syed MAZHAR HUSSAIN BUKHARI vs SECRETARY, GOVERNMENT OF PUNJAB

' NASIR ASLAM ZAHID, J.---This judgment will dispose of Civil Appeal No, 1012 of 1995 filed by Syed Mazhar Hussain Bukhari and Civil Appeal No,1448 of 1995 filed by Dr. Mrs. Zahida Iftikhar. Except for Mr. Zainul Abdin, learned Senior Advocate Supreme Court for respondent Nos.1 and 2 and Mr. Tanvir Ahmed, learned Advocate-on-Record for respondent No,3 in Civil Appeal No,1012 of 1995 no one is present on behalf of any other party. We have heard Mr. Zainul Abdin, learned Senior Advocate Supreme Court. We have also perused the relevant record.

2. Civil Appeal No,.1012 of 1995 is directed against the order of the Lahore High Court dated 15-6- 1995 dismissing his writ petition. Appellant is an employee of Zila Council, Lodhran, and he has challenged his transfer from one place of posting to another place. His Writ Petition No,5249 of 1994 was dismissed in limine by order dated 15-6-1995 of the Lahore High Court on the ground that it was not maintainable as the transfer order having been passed in relation to the terms and conditions of service it was appealable before the Service Tribunal. It was held that the writ petition was barred under Article 212 of the Constitution.

' Civil Appeal No,1448 of 1995 filed by Dr. Mrs. Zahida Iftikhar is directed against the order dated 17- 4-1994 passed by a Division Bench of the Lahore High Court dismissing her Intra-Court Appeal No,208 of 1994. It was held that her writ petition was barred under Article 212 of the Constitution as rightly held by the learned Single Judge.

3. We find no infirmity in the impugned orders in both the appeals. Even those orders challenged on the ground of mala fide, are appealable before the Service Tribunal and Article 212 of the Constitution is a bar against filing of a Constitutional Petition before the High Court under Article 199 of the Constitution. In a recent decision passed on 27-5-1998 dismissing Civil Petition No,727-L of 1998 (Khalid Mahmood Wattoo v. Government of Punjab), this Court (a Bench of 3 Judges) examined this question in some detail and referred to a number of judgments of this Court and also of the High Court and dismissed the petition filed by petitioner Khalid Mahmood Wattoo on the ground that it was a bar under Article 212 of the Constitution. It was reiterate as follows:-- "The consistent view of the this Court has been that a writ petition or Constitutional petition under Article 199 of the Constitution is not maintainable by a civil servant in relation to any matter connected with the terms and conditions of service in respect whereof the Service Tribunal has jurisdiction, in view of the provisions contained in Article 212 of the Constitution."

It was further held in the said decision that even in cases where the order is bar is mala fide, the bar of Article 212 of the Constitution is attracted.

4. As a result, Civil Appeal No,1012 of 1995 filed by Syed Mazhar Hussain Bukhari and Civil' Appeal No,1448 of 1995 filed by Dr. Mrs. Zahida lftikhar are dismissed. The interim orders passed in these appeals stand recalled.