Case Details

Citation(s)
2015 SLG 3083 2015 SLD 3083 2015 PLC 1242
Service Tribunal, Balochistan
S.A.No. 90 of 2014, decided on 28th March, 2014. DATE of hearing: 18th March, 2014
MUHAMMAD IBRAHIM SUMALANI, MEMBER AND FARZAND ALI MENGAL MEMBER (JUDICIAL)
Zahid Muqeem Ansari for Appellant. M. Saleem Baloch, Addl. A.G. for State. Jaffar Raza Khan for
Respondent

MUHAMMAD ESSA SHAHOOK

VS

CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN, QUETTA and 4 others

Law:

Section:

Balochistan Civil Servants Act (IX of 1974)--- ----S. 10---Balochistan Service Tribunals Act (V of 1974), S.4---Transfer---Appellant, who was posted at "L" was transferred to another district---Contention of appellant was that his transfer was illegal, arbitrary, mala fide and in violation of Rules of Business---Appellant who had most of his service period spent at district "L", and had never served outside in other district of the Province, was desirous to serve in district "L"---Validity---Held, it would not be justified to again allow the appellant to remain posted at district 'L"---Appeal, having no merit was dismissed, with direction that appellant be posted in other district of the Province, in accordance with his grade and scale. JUDGMENT MUHAMMAD IBRAHIM SUMALANI (MEMBER-I).--- The above named appellant has filed the instant appeal under section 4 of the Balochistan Service Tribunal Act, 1974, against the impugned order dated 21-2-2014 issued by the respondent No.3 (Secretary Admin: Board of Revenue) Balochistan, Quetta. 2. The appellant along with his counsel are present. The counsel stated that the appellant was posted as Naib Tehsildar Liari District Lasbella vide orders dated 1-1-2014, but within a period of less than three (3) months i.e. on 21-2-2014 he was transferred and directed to report to the office of Commissioner Kalat Division vide impugned order dated 21-2-2014. He contended that transfer is illegal, arbitrary, mala fide as the frequent transfer/posting of the appellant is in violation of Rules of Business and judgment of the Hon'ble Supreme Court of Pakistan passed in C.P.No.23/2012, wherein inter alia ordered that the transfer of civil servants shall not be made in violation of the service rules and consequently worthy Chief Secretary Balochistan summarized the important points and guidelines and conveyed to the all concerned to strictly follow the relevant laws, regulations and policies of the Government vide circular dated 13-12-2013. He further contended that despite of clear directions as pointed out above, the respondent No.2 (Senior Member, BOR) has issued premature transfer of the appellant, which is not only violation of the…
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