' This Intra-Court Appeal is filed under section 3 of the Law Reforms Ordinance, 1972 against the order dated 12-8-1997 passed by a learned Single Judge in Writ Petition No,18229 of 1997.
2. The brief facts are that the appellant was working as Patwari Halqa Tataar Sub-Division Okara, District Okara and was transferred to the post of Naib Office Qanoono, Tehsil Office, Okara in place of Munshi Ashiq Ali by the Revenue Minister Punjab allegedly on the proposal of the local M.P.A. i,e, respondent No,2, who used to make frequent requests to the appellant asking for in improper accommodation of his political supporters. The order of transfer was challenged on the ground that it was based on ill-will, against service rules, Government policy and was politically motivated hence it was contended that the same be set aside being illegal and void abinitio.
3. The learned Single Judge dismissed the writ petition while relying Miss Rukhsana Ijaz v. Secretary Education, Punjab and others (1997 SCMR 167).
4. The impugned order is challenged on the ground that since the transfer order was tainted with mala fide and being illegal the principle laid down in the authority cited by the learned Single Judge was not attracted. The learned counsel for the appellant further contended that since the order was made under political pressure by the competent Authority, therefore, it would amount to a fanciful exercise of jurisdiction which has no sanctity in the eyes of law.
5. We have considered the foregoing submissions and find that the learned Single Judge had rightly applied the principle laid down in 1997 SCMR 167 because the jurisdiction in such matter exclusively vested in the Service Tribunal and. The provisions contained in clause (2) of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 created a bar to entertain any proceedings in respect of any matter to which the jurisdiction of such Tribunal extended. Any further reference on the point may be made to Ayaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others (1997 SCMR 169).
6. The question that the order of transfer was mala fide, arbitrary, or being tainted with political and hence amounted to fanciful exercise of authority has been answered in a Division Bench judgment of this Court in Munshi Muhammad Azam v. A.C. Etc. 1996 PLC (C.S.) 415 (D.B.) wherein it was held that such an order passed in departure from rules and instructions, will always be open to scrutiny by the Service Tribunal.
7. In view of our above discussion we find that the order of the learned Single Judge remained unexceptionable. The Intra-Court Appeal is accordingly dismissed in limine. Civil Miscellaneous No, 1 of 1997 is also accordingly disposed of.