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2004 PLC (C.S.) 106

Mst. HUSSAN ARA vs GOVERNMENT OF THE PUNJAB and others

Citation2004 PLC (C.S.) 106
CourtLahore High Court
Case No.Writ Petition No,5966 of 2002
Date2002-04-10
Judge(s)Ijaz Ahmad Chaudhry
ResultPetition dismissed

ORDER

' Through this Constitutional petition, the petitioner seeks setting aside of order 'dated 26-3-2002, by which the petitioner has been transferred from Government Girls College, Sargodha to Girls College, Chenab Nagar.

2. Brief facts of the case are that the petitioner Was serving as Hostel Warden in the Girls College, Sargodha and news appeared in daily Khabrain' by its representative that some intoxication were distributed in the hostel to the students and an inquiry was got conducted by Deputy Commissioner through Addl. Deputy Commissioner, Sargodha, in which the petitioner was exonerated from the charges, but in spite of that report the petitioner has been made victim by the Principal, who wanted to place another lecturer of her choice in the College. It is further contended that earlier the same Principal had written a letter, when she was Assistant Professor and admired her services. According to the learned counsel for petitioner the transfer is made with mala fide intention and ulterior motive, therefore, the same order is available to be set aside.

3. I have heard the arguments of the learned counsel for petitioner at length and perused the documents attached with this petition. The petitioner is admittedly a civil servant and has challenged her transfer order through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan. Article 212 of the Constitution bars the jurisdiction of this Court in such-like matter. The writ petition is not maintainable as held by Hon'ble Supreme Court of Pakistan in Zahid Akhtar's case (PLD 1995 SC 530), that even if the transfer order is passed with mala fide, coram non judice and ultra vires can only be challenged before the Service Tribunal and not before the High Court. This writ petition is not maintainable. It is dismissed.

Cited by 3 cases

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