Dr. MEHMOOD JAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Peshawar S — 2024 PLC(CS) 123 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 PLC(CS) 123 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: PLC
Parties: Dr. MEHMOOD JAN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Peshawar S
Subject matter: Constitutional
Provisions referred to: S. 4---C

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Dr. MEHMOOD JAN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Health, Peshawar S.4---Constitution of Pakistan, Arts. 199 & 212---Constitutional petition---Maintainability---Remedy available under ordinary law---Terms and conditions of service---Petitioner was a civil servant who assailed his transfer order issued by authorities---Validity---When law provided remedy to another authority fully competent to give relief, any indulgence to the contrary by High Court was likely to produce sense of distrust in those authorities and to cause underserved reflection on their integrity and competency and could defeat legislative intent---If remedy sought for was in substance a remedy which was available under ordinary law, then resort was to the proper forum and not to extraordinary remedy provided by Art.199 of the Constitution---High Court declined to interfere in the matter in view of bar contained in Art. 212 (2) of the Constitution---Constitutional petition was dismissed, in circumstances.

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