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Petitioner: GHAZANFAR ALI VS Respondent: D.E.O. (MALE), TOBA TEK SINGH
1993 P L C (C
1993 P L C (C.S.) 1085
[Lahore High Court]
Before Muhammad Arif, J
GHAZANFAR ALI
versus
D.E.O. (MALE), TOBA TEK SINGH
W.P. No. 845 of 1993, decided on 25th January, 1993.
Constitution of Pakistan (1973)
‑‑‑‑Arts. 199 and 212‑‑‑Constitutional jurisdiction, exercise of‑‑‑Order of Authority transferring an employee from one place to another in same District, was not open to challenge in Constitutional jurisdiction of High Court‑‑‑If transferred employee considered that order had not been rendered by Authority in exigencies of services, but on extraneous consideration under influence, employee could bring his grievance to notice of higher Authority or could challenge same in appeal before appropriate Service Tribunal.
Nazir Hussain (Ex‑Director, Excise and Taxation), Administrator, Auqaf, N.‑W.F.P., Peshawar v. N. W.F.P. through the Chief Secretary/Secretary, Services and General Admin1stration Department, Government of N.‑W.F.P., Peshawar and 2 others 1992 SCMR 1843; Syed Afzal Ahmad Hydari v. Secretary, Defence Production Division, Ministry of Defence, Rawalpindi and 3 others 1991 SCMR 477; Muhammad Asif v. Secretary to Government of the Punjab, CAND Department, Lahore and 4 `others 1990 PLC (C.S.) 257 ref.
Aziz Ahmed Malik for Petitioner.
ORDER
Ghazanfar Ali, petitioner herein, is admittedly a civil servant. The grievance voiced in this Constitutional petition relates to the transfer of the petitioner as an Arabic Teacher from Government High School No. 1, Pir Mahal, District Toba Tek Singh to Government Middle School, Chak No. 712/GB, Toba Tek Singh by The District Education Officer (M), Toba Tek Singh vide Order No. 29529‑36, dated 16‑12‑1992. Such an order is not open to challenge in Constitutional proceedings under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973: See Nazir Hussain (Ex‑Director, Excise and Taxation), Administrator, Auqaf, N.‑W.F.P, Peshawar v. N: W.F.P. through the Chief Secretary/Secretary, Services & General Admin1stration Department, Government of N.‑W.F.P, Peshawar and 2 others (1992 SCMR 1843), Syed Afzal Ahmad Hydari v. Secretary Defence Production Division, Ministry of Defence, Rawalpindi and 3 others (1991 SCMR 477), Muhammad Asif v. Secretary to Government of the Punjab, CAND Department, Lahore and 4 others (1990 PLC (C.S.) 257).
2. Confronted with the above situation, learned counsel argued that the impugned order dated 17‑1‑1993 has not been rendered by the respondent District Education Officer (M), Toba Tek Singh in the exigencies of service but on extraneous considerations under the influence of the local MPA. If that is so, the petitioner may, if so advised, bring his grievance to the notice of the Secretary, Education, Government of the Punjab, Lahore for appropriate action and/or impugn the same in appeal before the appropriate Service Tribunal.
With the above observation, this petition stands disposed of.
H.B.T./G‑121/L Order accordingly.