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MUHAMMAD SHAFIQUE versus DIRECTOR EDUCATION (SE), SARGODHA DIVISION


As part of the terms and conditions of service of public servants highlighted in the Service Tribunal and High Court Distribution of the Transfer of Article 199 Constitution of Pakistan (1973), Art 199 and 212 Government Employees of the Punjab Civil Servants Act 1974, It will come under special jurisdiction. In the jurisdiction of the appropriate service tribunal of the High Court under Article 199 of the Constitution, such cases are barred by the express clauses of Article 212 of the Constitution, where the department authority had approved the transfer order but the Additional Department Authority (MNA) It was approved on the instruction. After the / MPA / Minister or any other external considerations, such order will have to be aggravated before and by appropriate service tribunal transfer, the decision of transfer of public servants will be made directly to the service tribunal. Can be presented before a similar attack before a higher department first. Authorities where, however, the transfer / posting order was made by an unqualified additional departmental authority such as the MNA / MPA / Minister without the support of any formal order of a competent department authority, then disqualified The order may be reversed in the constitutional jurisdiction against which the transfer and posting order was passed in violation of the exchange policy or Malala's reservations before the Service Tribunal, despite the provisions of Section 9, Punjab Civil Servants Act, 1973. But, he was given the legal right to challenge.

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