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Initializing Secure Chambers
Petitioner: BASHIR AHMAD VS Respondent: THE ASSISTANT COMMISSIONER/COLLECTOR, NANKANA SAHIB, DISTRICT SHEIKHUPURA and 2 others
Court Name: Lahore High Court Judge(s): M. Javed Buttar Title:BASHIR AHMAD vs THE ASSISTANT COMMISSIONER/COLLECTOR, NANKANA
SAHIB, DISTRICT SHEIKHUPURA and 2 others Case No.: Writ Petition No,3355 of 1996 Date of Judgment:1996-02-03 Reported As: 1996 PLC (C.S.) 800 Result: Order accordingly Judgment ORDER ' The petitioner is a civil servant and is aggrieved of his transfer from one place to another. The grounds of mala fide, arbitrariness, administrative tyranny and political interference have been urged before this Cotirt. However, on being confronted with the jurisdictional defect in this petition due to bar contained in Article 212(2) of the Constitution of Pakistan and also with the law laid down in Munshi Muhammad Azam v Assistant Commissioner etc. 1996 PLC (C.S.) 415 to the effect that such like orders can be challenged directly in an appeal before the Punjab Service Tribunal and there is no compulsion to make departmental representation before approaching the abovesaid forum, Learned counsel for the petitioner has sought permission to withdraw this petition to avail the remedy of an appeal before the Punjab Service Tribunal. It goes without saying that the Punjab Service Tribunal in such like matters is to be guided by the guidelines laid down by the honourable Supreme Court in Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development Department, Lahore and 2 others PLD 1995 SC 530. This petition is accordingly disposed of as withdrawn.