2024 P L C (C.S.) 297
[Balochistan High Court]
Before Rozi Khan Barrech, J
ABDUL RAUF
Versus
GOVERNMENT OF BALOCHISTAN, through Chief Secretary and 3 others
C.P. No.12 of 2022, decided on 12th January, 2022.
Constitution of Pakistan ---
----Arts. 199 & 212 ---Civil service ---Constitutional petition ---Bar to jurisdiction ---
Maintainability ---Transfer and posting--- Scope ---Petitioner challenged the notification of his
posting/transfer ---Validity ---Jurisdiction of the High Court was ousted in matters which fell
within the jurisdictional domain of the Balochistan Service Tribunal ---Article 199 of the
Constitution was "subject to the constitution", while Art. 212, being a non- obstante Article,
prevailed over Art. 199 ---Article 212 clearly stated that "no court shall grant an injunction,
make any order or entertain any proceedings in respect of any matter to which the
jurisdiction of such Administrative Court or Tribunal extends", therefore, High Court had no jurisdiction to entertain a matter which stood barred under Art. 212 of the Constitution---In
fact, Art. 199 of the Constitution could not be set in motion due to the jurisdictional bar; therefore, question of alternate remedy or mala fide consideration or the nature of grievance did not even begin to arise ---Such distinction between the bar of jurisdiction and the exercise
of judicial power must be clearly understood--- Petitioner was directed to approach relevant
forum ---Constitutional petition, being not maintainable, was dismissed.
Adnan Ejaz Sheikh for Petitioner.
Date of hearing: 10th January, 2022.
JUDGMENT
ROZI KHAN BARRECH, J. ----The instant constitution petition filed under Article
199 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") carries the following prayer clauses:
"It is, therefore, respectfully prayed that this Hon'ble Tribunal may be pleased to declare that the notification dated 02.01.2021 issued by respondent No.3 on behalf of respondent No.2 to be illegal, passed in excess of jurisdiction and authority as such, not maintainable, consequently the same may be set aside and directions may be issued to respondents Nos.1 and 2 to allow the petitioner to continue his duties as Executive Engineer, PHE Division, Killa Abdullah and to complete his tenure on the
said post as required under the law and rules with any other relief and cost of the
proceedings, in the interest of justice".
2. I have heard the learned counsel for the petitioner and have perused the entire record
with his able assistance.
3. There is no dispute that the petitioner is a civil servant though he has challenged the
impugned notification of his transfer/posting passed by respondent No.2 (Secretary Public Health Engineering Department). The petitioner also averred in his petition that he has also filed a departmental representation before the respondents.
4. In view of the above circumstances, the petitioner is a civil servant of the Government
of Balochistan. He has agitated the matter related to the terms and conditions of his service.
It is well settled that the jurisdiction of this court is ousted in matters which fall within the
jurisdictional domain of the Balochistan Service Tribunal. Article 199 of the Constitution of
Islamic Republic of Pakistan, 1973 is "subject to the Constitution", while Article 212, being a non- obstante Article, prevails over Article 199. Article 212 clearly states that "no court
shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such Administrative Court or Tribunal extents, therefore, this court has no jurisdiction to entertain a matter that stands barred under Article 212 of the Constitution. In fact, Article 199 of the Constitution cannot be set in motion due to the jurisdictional bar; therefore, the question of alternate remedy or mala fide consideration or the nature of grievance does not even begin to arise. This distinction between the bar of jurisdiction and the exercise of judicial power must be clearly understood.
In view of the above, the petitioner to approach the relevant forums, including the
appellate authority as well as the learned Balochistan Service Tribunal, Quetta, having exclusive jurisdiction, as far as terms and conditions of his service are involved.
For the above reasons, the instant constitution petition is not maintainable; therefore,
this petition is dismissed in limine as being not maintainable.
SA/40/Bal. Petition dismissed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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