Mst. HUSSAN ARA vs GOVERNMENT OF THE PUNJAB and others
This constitutional petition was filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 by the petitioner, a civil servant serving as a Hostel Warden, seeking to set aside her transfer order dated 26-3-2002 from Government Girls College, Sargodha to Girls College, Chenab Nagar, on the grounds of mala fide intention and ulterior motives. The core legal question addressed was whether the High Court has jurisdiction under Article 199 to entertain a constitutional petition challenging the transfer order of a civil servant, even when alleged to be mala fide. The Lahore High Court held that the petition was not maintainable in view of the bar contained in Article 212 of the Constitution of Islamic Republic of Pakistan 1973. The court ruled, relying on the precedent in Zahid Akhtar's case, that matters relating to the terms and conditions of civil servants, including transfer orders alleged to be mala fide, coram non judice, or ultra vires, fall exclusively within the jurisdiction of the Service Tribunal, thereby barring the jurisdiction of the High Court.
- Whether a constitutional petition against the transfer of a civil servant is maintainable before the High Court under Article 199 of the Constitution of Islamic Republic of Pakistan 1973?
- Does Article 212 of the Constitution of Islamic Republic of Pakistan 1973 bar the jurisdiction of the High Court in matters relating to the transfer of civil servants alleged to be mala fide?
- Where should a civil servant challenge a transfer order passed with alleged mala fide intentions or without jurisdiction?
- Article 199, Constitution of Islamic Republic of Pakistan 1973
- Article 212, Constitution of Islamic Republic of Pakistan 1973
ORDER
' Through this Constitutional petition, the petitioner seeks setting aside of order 'dated 26-3-2002, by which the petitioner has been transferred from Government Girls College, Sargodha to Girls College, Chenab Nagar.
2. Brief facts of the case are that the petitioner Was serving as Hostel Warden in the Girls College, Sargodha and news appeared in daily Khabrain' by its representative that some intoxication were distributed in the hostel to the students and an inquiry was got conducted by Deputy Commissioner through Addl. Deputy Commissioner, Sargodha, in which the petitioner was exonerated from the charges, but in spite of that report the petitioner has been made victim by the Principal, who wanted to place another lecturer of her choice in the College. It is further contended that earlier the same Principal had written a letter, when she was Assistant Professor and admired her services. According to the learned counsel for petitioner the transfer is made with mala fide intention and ulterior motive, therefore, the same order is available to be set aside.
3. I have heard the arguments of the learned counsel for petitioner at length and perused the documents attached with this petition. The petitioner is admittedly a civil servant and has challenged her transfer order through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan. Article 212 of the Constitution bars the jurisdiction of this Court in such-like matter. The writ petition is not maintainable as held by Hon'ble Supreme Court of Pakistan in Zahid Akhtar's case (PLD 1995 SC 530), that even if the transfer order is passed with mala fide, coram non judice and ultra vires can only be challenged before the Service Tribunal and not before the High Court. This writ petition is not maintainable. It is dismissed.
Cited by 3 cases
- SOSAN MUNAWAR vs DISTRICT COORDINATION OFFICER, GUJRANWALA and 2 2012 PLC (C.S.) 1174
- MUHAMMAD ASLAM vs EXECUTIVE DISTRICT OFFICER HEALTH, HAFIZABAD and 2 others 2011 PLC (C.S.) 319
- UMER HAYAT vs EXECUTIVE DISTRICT OFFICER, (WORKS AND SERVICES 2011 PLC (C.S.) 312