Law:

Section:

(a) Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- ----S. 9---Azad Jammu and Kashmir Rules of Business, 1985, R.22---Azad Jammu and Kashmir Ehtesab Act, 2001, S.21---Transfer of an employee not against any post---Posting as an Officer on Special Duty---Scope---Employee being Secretary to Government was transferred and attached with the Services and General Administration Department---Contention of employee was that civil servant could only be transferred against a post---Appeal filed by the employee was dismissed by the Service Tribunal---Validity---Civil servant could be transferred anywhere inside or outside Azad Jammu and Kashmir against a post and could not be left without a post---Postings and transfers would exclusively fall under the discretion and domain of competent authority---Such discretion should not be exercised in an arbitrary or fanciful manner but in a judiciously and in accordance with the settled norms of justice, equity and fair play---Transfer order which was politically motivated, in colorable exercise of authority, passed without wisdom and good sense was not a judicious order---Such an order would be arbitrary and fanciful which was not sustainable---Competent authority for transfer of Secretaries to the Government was the Services and General Administration Department with the approval of Prime Minister while for Additional Secretaries and Deputy Secretaries was also the same but with the consultation of concerned department---Tenure for the posts of Additional Secretaries, Deputy Secretaries, Section Officers and Heads of attached departments was three years---Post of Secretary to Government was not a tenure post---No period for transfer of Secretaries had been provided---Non-fixing of period of transfer for the post of Secretary to Government did not clothe the Government with a power to transfer him frequently at their whims without adhering law---If Secretary to Government had refused to comply with the illegal orders of executive authority then he could not be transferred as a punishment---No application or complaint was on record which was received by the Ehtesab Bureau and it had ordered inquiry against the civil…