| Citation(s) |
|---|
| 2011 SLG 1641 2011 SLD 1641 2011 PLC 312 |
Lahore High Court
Writ Petition No.16909 of 2010, decision dated: 29-09-2010.
SYED AKHLAQ AHMAD, J
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Writ Petition No.16909 of 2010, decision dated: 29-09-2010.
SYED AKHLAQ AHMAD, J
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UMER HAYAT
VS
EXECUTIVE DISTRICT OFFICER, (WORKS AND SERVICES DEPARTMENT), FAISALABAD and 4 others UMER HAYAT vs EXECUTIVE DISTRICT OFFICER, (WORKS AND SERVICES DEPARTMENT), FAISALABAD and 4 others
Law:
Section:
Constitution of Pakistan------Arts. 199 & 212---Constitutional petition---Civil service---Transfer---Petitioner had challenged his transfer from one place of working to another---Validity---Posting and transfer was necessary feature of service and could be best judged by the authority under whom a person was serving---Posting and transfer being necessary condition of service, was outside the scope of the constitutional jurisdiction of High Court as enshrined in Art.212 of the Constitution. Mst. Hussan Aara v. Government of the Punjab and others 2004 PLC (C.S.) 106; Begum Asmat Azhar v. Punjab Government through Secretary Education and another PLD 1987 Lah. 256; Dr. Younis Asad Shaikh v. Province of Sindh through Secretary Health Department, Government of Sindh 2009 PLC (C.S.) 735 and Secretary to Government of Punjab Health Department Lahore and others v. Dr. Abida Iqbal and another 2009 SCMR 61 ref. Ishtiaq Ahmad Chaudhry for Petitioner. Raza-ul-Karim Butt, A.A.-G. for Respondents. ORDER SYED AKHLAQ AHMAD, J.--- This writ petition is directed against the order dated 23-7-2010 passed by respondent No.1/Executive District Officer (Works and Services Department) Faisalabad whereby the petitioner/Umar Hayat who is Sub-Engineer in the office of the Deputy District Officer (Road) Faisalabad having additional charge of the office of the Deputy District Officer (Road) Jaranwala has been transferred to the Drawing Branch of District Officer (Road) Faisalabad being unfit for field duty. This transfer order has been sought to be set aside by the petitioner. 2. Learned .counsel for the petitioner contends that the petitioner is .quite healthy and fully capable of performing the field duties. Respondent No.1 did not serve any show-cause notice nor called the petitioner to be examined by any doctor or by the Medical Board to determine his health condition.…
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