' Muhammad Saleem Siddiqui, petitioner herein has instituted this Constitutional petition with a view to challenge the order, dated 19-6-1991 passed by respondent No,3 directing him to handover the charge of the post of Extra-Departmental Branch Postmaster, Mandi Bahauddin to 'respondent No,4. His grievance is that the order is mala fide and the same has not been passed by any competent authority.
2. From a perusal of the material placed on the record, it appears that petitioner's civil suit for a declaration and injunction regarding the said cause of action was resolved against him vide judgment/decree dated 4-11-1992 rendered by Ch. Shahid Naseer, Civil Judge 1st Class, Gujrat holding that neither it was maintainable nor he had any cause of action, to file the same. In addition to dismissing petitioner's application under Order 39, Rules 1 and 2 read with section 151, C.P.C., his plaint was also rejected under Order 7, Rule 11, C.P.C. The petitioner has not challenged the order dated 4-11-1992 any further. In this view of the matter, this petition cannot but be held to be an effort on the part of the petitioner to bypass the remedy available to him under section 96, C.P.C.
3. Confronted with this, the learned counsel was content with arguing that this petition in this Court is competent for the reason that the order dated 19-6-1991, passed by respondent No,3, is mala fide in law and the same can be challenged under Article 199 of the Constitution without availing of the remedy under the ordinary law. I am afraid, the contention is devoid of any merit. No A reason whatsoever has been advanced by learned counsel to satisfy the Court that no other adequate remedy is available to the petitioner to justify his resort to the Constitutional jurisdiction of this Court. This petition is not maintainable and is according dismissed in limine.