Law:

Section:

(a) National Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1973--- ----R. 7(2)---Constitution of Pakistan, Art. 199---Constitutional petition---Deputation---Repatriation to parent department---Scope---Inquiry proceedings against deputationist---No repatriation to parent department till completion of inquiry proceedings---Civil servant/petitioner, who was serving in her parent department in a Province, was taken on deputation in the National Assembly Secretariat---Prior to completion of her deputation period she was repatriated back to her Provincial parent department due to some inquiry proceedings against her, and she was directed to ensure her presence as and when required in connection with inquiry pending against her---Legality---Order of civil servant's repatriation was passed in presence of an inquiry---Repatriation of civil servant was only possible after consultation with the Provincial Government [Rule 7(2) of National Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1973], which consultation had not taken place in the present case---Impugned order meant that civil servant would have to attend the inquiry proceedings by coming from her Province to Islamabad---Impugned order of repatriation was thus illegal---Since inquiry proceedings were pending against civil servant, therefore, till the completion of the same, she could not be repatriated to her Provincial parent department---Impugned order of civil servant's repatriation was set aside in circumstances---Constitutional petition was allowed accordingly. (b) National Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1973--- ----R. 7(2)---Deputation---Civil servant from a province serving in National Assembly Secretariat on deputation---Repatriation to Provincial parent department---Scope---Repatriation of such a civil servant was only possible after consultation with the Provincial Government. JUDGMENT RIAZ AHMAD KHAN, J.--- This judgment is directed to dispose of Writ Petition No.3176 of 2013. 2. Brief facts of the case are that the petitioner, Ms. Roomana Gul Kakar, Assistant Professor (Botany), Directorate of Colleges Higher and Technical…

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