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Petitioner: Faheem Ahmed Farooqi VS Respondent: Govt Of Sindh & Other
Court Name: Sindh High Court Judge(s): Muhammad Shafi Siddiqui, Irshad Ali Shah Title: Faheem Ahmed Farooqi vs Govt Of Sindh & Other Case No.: C.P. No.D-1324 of 2020 Date of Judgment:2020-11-26 Reported As: 2020 SHC 1094 Result: Petition dismissed
Judgment ORDER The petitioner being Deputy Superintendent in Sindh Police has challenged his transfer order from Hyderabad to Karachi and charge sheet issued to him before this Court by way of instant petition. 2. On being asked as to whether in presence of bar contained by Article-212 of the Constitution of Islamic Republic of Pakistan, terms of service of a public servant could be adjudicated by this Court in exercise of its constitutional jurisdiction? 3. Learned counsel for the petitioner by relying upon case of Inayatullah and others vs Director General and others [2006 SCMR 535] stated that; 'yes' it could be done as no final order on charge sheet issued against the petitioner has yet been passed. 4. We have considered the above arguments and perused the record. 5. Admittedly , the petitioner is a public servant therefore, neither his transfer order nor disciplinary proceedings against him in shape of charge sheet could be interfered with by this Court in exercise of its constitutional jurisdiction in terms of clear bar contained by Article-212 of the Constitutional of Islamic Republic of Pakistan under the garb that no final order on charge sheet issued against the petitioner has yet been passed. 6. The case law which is relied upon by learned counsel for the petitioner is on distinguishable facts and circumstances. In that case no issue of transfer or disciplinary proceeding against public servant was involved. It was the case of discrimination. 7. In view of the facts and reasons discussed above, the instant petition being misconceived is dismissed in limine along with the listed application[s].