1. ' SAEEDUZZAMAN SIDDIQUI, J. ---The petitioner is seeking Leave to appeal against the judgment of Peshawar High Court, passed in Write Petition No,875 of 1992, on 1-9-1992. By the impugned judgment the learned Judges of Peshawar High Court dismissed the petition filed by the petitioner challenging his transfer from Bannu to Lahore.
2. ' The petitioner was working as Deputy Director (DTI Lahore). On 15-6-1992 he was ordered to be transferred as XEN (E), WAPDA Bannu Division vice Abdul Jabbar, respondent No,6, who was transferred to Lahore in place of the petitioner. The aforesaid transfer order was, however, withdrawn/cancelled on 16-7-1992 with the result that the petitioner was directed to proceed to Lahore, the original place of his posting. The petitioner filed Writ Petition No,875 of 1992 before the Peshawar High Court challenging the order dated 16-7-1992 whereby his transfer to Bannu was cancelled. The learned Judges of Peshawar High Court after hearing the parties dismissed the petition holding that the subsequent order dated 16-7-1992 cancelling the earlier transfer of petitioner from Lahore to Bannu was passed by the competent authority. The learned Judges expressed the view that as the order did not suffer from lack of authority/jurisdiction, it could not be interfered with in the Constitutional jurisdiction.
3. The learned counsel contends before us that the order dated 16-7-1992 cancelling the earlier transfer of the petitioner from Lahore to Bannu was mala fide, as it was passed on extraneous consideration. This contention was considered by the learned Judges of Peshawar High Court and was repelled and we do not find any reason to interfere with the said Order. The petition is, accordingly, dismissed. Leave is refused. However, it is open to the petitioner to approach the Service Tribunal, if it is so available to him, under the law.