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Petitioner: GOVERNMENT OF N: W.F.P. VS Respondent: MUHAMMAD RAFIQUE
1994 P L C (C
1994 P L C (C.S.) 296
[Supreme Court of Pakistan]
Present: Abdul Qadeer Chaudhry and Wali Muhammad Khan, JJ
GOVERNMENT OF N.W.F.P. through Secretary, Health Department, N.W.F.P., Peshawar and 3 others
Versus
Haji MUHAMMAD RAFIQUE and another
Civil Petition No. 131‑P of 1992, decided on 15th March, 1993.
(On appeal from the judgment dated 30‑5‑1992 of the Peshawar High Court in Writ Petition No. 36/1991).
Civil service‑‑‑
‑‑‑‑ Constitution of Pakistan (1973), Art.185 (3)‑‑‑Petition for leave to appeal‑‑ Order of transfer of civil servant was set aside by High Court on the ground that such order was mala fide having been made on the recommendation of an M.PA:-‑Leave to appeal was granted to consider whether High Court had no jurisdiction to set aside order of transfer for that related to terms and conditions of service and Service Tribunal had exclusive jurisdiction in the matter; and that High Court could not interfere in the order of transfer which was made in the exigency of service and in public interest.
M. Sardar Khan, Advocate‑General, N.W.F.P. and Haji Abdul Qayyum Mazhar, Advocate‑on‑Record for Petitioners.
Nemo for Respondents.
Date of hearing: 15th March, 1993.
JUDGMENT
ABDUL QADEER CHAUDHRY, J‑‑‑The respondent No.l 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.PA.
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 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.
A.A./G‑406/S Leave granted.