Citation Name: 2024 PLC(CS) 297 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL RAUF vs GOVERNMENT OF BALOCHISTAN arts — 2024 PLC(CS) 297 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLC(CS) 297 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLC
Parties: Citation Name: 2024 PLC(CS) 297 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL RAUF vs GOVERNMENT OF BALOCHISTAN arts
Subject matter: Civil

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

Citation Name: 2024 PLC(CS) 297 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL RAUF VS GOVERNMENT OF BALOCHISTAN arts. 199 & 212---Civil service---Constitutional petition---Bar to jurisdiction---Maintainability---Transfer and posting---Scope---Petitioner challenged the notification of his posting/transfer---Validity---Jurisdiction of the High Court was ousted in matters which fell within the jurisdictional domain of the Balochistan Service Tribunal---article 199 of the Constitution was "subject to the constitution", while art. 212, being a non-obstante article, prevailed over art. 199---article 212 clearly stated that "no court shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the jurisdiction of such administrative Court or Tribunal extends", therefore, High Court had no jurisdiction to entertain a matter which stood barred under art. 212 of the Constitution---In fact, art. 199 of the Constitution could not be set in motion due to the jurisdictional bar; therefore, question of alternate remedy or mala fide consideration or the nature of grievance did not even begin to arise---Such distinction between the bar of jurisdiction and the exercise of judicial power must be clearly understood---Petitioner was directed to approach relevant forum---Constitutional petition, being not maintainable, was dismissed.

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