' SH. AHMAD FAROOQ, J---Through the instant petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have prayed for passing an order for cancellation of their transfer orders. The petitioners have also prayed for taking action against respondent No,3/E.D.O(Education), Faisalabad, who did not comply with the order of respondent No,2, dated 22-4-2010. Petitioner No,1 also solicited a direction to respondent No,5 to stop the inquiry initiated against him under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006.
2. The facts essential for the adjudication of the lis in hand are that respondent No,7 surrendered the services of petitioner No,1, when he protested against the unauthorized collection of funds from the students, vide order dated 1-3-2010. The petitioners contended that respondent No,3 in collusion with respondent No,7 adjusted petitioner No,1 as EST(G), Government Elementary School, 227/RB, Faisalabad, against a vacant post, vide letter dated 12-3-2010, whereupon petitioner No,1 submitted an application to District Coordination Officer, Faisalabad/respondent No,2 to conduct an impartial inquiry into the matter, which was entrusted to respondent No,4, who found the allegations levelledby Abdul Ghafoor/petitioner No,1 against Messrs Ghulam Fareed, EST and Asif Jahangir, Senior Headmaster, of the same Institution as correct. Thereafter, District Coordination Officer Faisalabad, vide -order dated 22-4-2010, transferred and placed the services of Mr. Ghulam Fareed, EST and Mr. Asif Jahangir, Senior Headmaster, M.C. High School, Samanabad, Faisalabad, at the disposal of the Executive District Officer (Education), Faisalabad, for further necessary action.
The petitioners contended that the order dated 22-4-2010 passed by respondent No,2/District Co- ordination Officer,. Faisalabad, was not implemented. The petitioners further contended that respondent No,3/Executive District Officer (Education), Faisalabad, prepared a fake inquiry report against petitioners Nos.2, 3 and 4 in which they were held guilty for hatching a conspiracy against each other as well as Headmaster of the concerned School and spoiling the atmosphere of the Institution. Consequently, the petitioners Nos.2, 3 and 4 were transferred by respondent No,3/Executive District Officer (Education), Faisalabad, vide order dates 21-5-2010, in compliance with the order of District Co-ordination Officer, Faisalabad, dated 20-5-2010.
' The petitioners claimed that their transfer orders are illegal and liable to be set aside. Hence, the instant petition.
3. Respondents Nos.2 and 3 submitted their report and parawise comments, wherein, they raised a preliminary objection regarding the lack of jurisdiction of this Court in view of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. They submitted that the services of petitioner No,1 were rightly surrendered by respondent No,7, who was empowered in this respect, vide notification dated 5-1-2010 and letter dated 25-5-2010, whereupon, the adjustment of petitioner No,1 was made by respondent No,3, vide order dated 12-3-2010. They further submitted that petitioner No,1 in collaboration with petitioners Nos.2 to 4 indulged in subversive activities and spoiled the atmosphere of the institution, i.e, Government M.C. High School, Samanabad, Faisalabad. They maintained that respondent No,5, being competent authority, initiated regular enquiry against petitioner No,1, under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006 on the charge of illegal collection of funds from students of Government M.C. High School, Samanabad, Faisalabad. They claimed that the impugned orders of transfer of petitioners Nos.2 to 4 are in accordance with law.
4. Respondent No,7 submitted his separate report and parawise comments, wherein, he contended that the present petition is an attempt on the part of petitioner No,1 to avoid the disciplinary proceedings. He further submitted that petitioners Nos.2 to 4 were found guilty during an enquiry, which was conducted prior to their transfer on 21-5-2010.
5. Learned counsel for the petitioners submitted that the DCO, Faisalabad was not competent to direct the EDO (Education), Faisalabad to post petitioners Nos.2 to 4 at distant place, i.e, Tehsil Tandlianwala, as punishment, vide letter dated 20-5-2010. He further submitted that the impugned orders have been issued with mala fide intentions and as such, liable to be set aside.
6. Conversely, the learned Additional Advocate-General, Punjab submitted that the posting and transfer, being part of terms and conditions of service of a civil servant, falls within the exclusive jurisdiction of the Punjab Service Tribunal, Lahore and the jurisdiction of this Court is barred under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. He further submitted that petitioners Nos.2 to 4 'have assumed the charge at their new places of postings in pursuance to the impugned orders, dated 21-5-2010, and as such, the instant petition has become infructuous.
7. Arguments heard. Record perused.
8. Admittedly, the services of petitioner No,1 were surrendered by the Senior Headmaster, Government M.C. High School, Samanabad, Faisalabad/respondent No,7, vide letter dated 1-3-2010, and the same cannot be declared to be without jurisdiction/authority as evident from the notification, dated 5-1-2010, as well as letter, dated 25-5-2010. Similarly, not only the petitioner No,1/Abdul Ghafoor was transferred on administrative grounds, vide letter dated 12-3-2010, but also an enquiry, under the PEEDA Act, 2006, is also pending against him on the charge of illegal collection of funds from the students of concerned school. Furthermore, District Co-ordination Officer, Faisalabad is the transferring authority of petitioners Nos.2 to 4, who, vide order dated 20- 5-2010, directed Executive District Officer (Education), Faisalabad to post the aforementioned petitioners. Hence, it cannot be held that the transfer orders of petitioners Nos.2 to 4, dated 21-5- 2010, issued by Executive District Officer (Education), Faisalabad, are without any authority. Not only the present petitioners have joined their new place of postings, in compliance with the impugned orders, but also they have been found guilty during two successive enquiries. Even during the pendency of the instant petition, an enquiry was conducted by a Committee, comprising of four officers, wherein, the allegations against the present petitioners Nos.2 to 4 were found to be correct.
The factual controversy regarding the correctness or otherwise of the allegations, leveled against the present petitioners, cannot be resolved by this Court in the exercise of its Constitutional jurisdiction. Finally, there is no cavil to the legal proposition that the transfer and posting is an integral part of the terms and conditions of the service of a civil servant, which falls within the exclusive jurisdiction of the Punjab Services Tribunal and the jurisdiction of High Court is ousted under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973.
9. In view of above, the instant petition is not maintainable and the same is accordingly dismissed.