Law:

Section:

(a) Constitution of Pakistan--- ----Arts. 199 & 224(1A)---Constitutional petition---Civil service---Transfer of civil servant---Caretaker government---Functions and powers---Scope---Petitioner/civil servant assailed his transfer by the order of caretaker government---Contention of civil servant/petitioner was that the Caretaker government was not empowered to order transfer of civil servant/petitioner---Validity---Caretaker Government (Prime Minister and Cabinet) was required to perform its functions to attend the day-to-day matters which were necessary to run the affairs of the State and also to watch the national interests in any eventuality in the absence of an elected government---Such government was not authorized to make decisions, appointment having effect on the working policies of the future government, which was likely to take-over after the elections and was not vested with the authority to take decisions concerning the affairs of the government, which were bound to pre-empt the scope and sphere of activity, powers and jurisdiction of an elected government---Caretaker government possessed limited powers and authority particularly in view of the fact that when it was appointed there was no National Assembly in place and thus the important aspect of accountability was absent---Impugned notification of transfer of civil servant was issued and passed by the caretaker government and the same was void and of no legal effect--- Constitutional petition was allowed. Khawaja Muhammad Asif v. Federation of Pakistan and others 2013 SCMR 1205 rel. (b) Constitution of Pakistan--- ----Art. 224(1A)---Caretaker government---Powers and functions of. Khawaja Muhammad Asif v. Federation of Pakistan and others 2013 SCMR 1205 rel. ORDER NADEEM AKHTAR, J.--- The petitioner is the Deputy Inspector General (BS-20) PSP Officer, and is serving as DIGP Traffic Hyderabad since 22-3-2013. Through this Constitutional Petition, he has impugned the Notification dated 30-4-2013 issued by respondent No.1/Government of Pakistan, Cabinet Secretariat, Establishment Division, whereby he has been transferred and his services are placed at the disposal of the Government of Khyber…

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