Law: Balochistan Civil Servants Act, (IX of 1974)

Section: 10

Law:

Section: 4

Balochistan Civil Servants Act (IX of 1974)------S. 10---Balochistan Service Tribunals Act (V of 1974), S.4---Notification No.(SOA)1-1/2015/FST: 4784-90 dated 30-9-2015---Transfer---Appeal, maintainability of---Appellant being aggrieved of impugned notification, whereby he was transferred from the post of "Acting Chief Conservator of Forests" to 'Director Soil Conservator---Appellant contended that impugned notification had been made in violation of Rules and Regulations; and that said notification was based on mala fide and ulterior motives of the official respondents, which was liable to be set aside---Prior to filing of appeal, appellant had preferred department appeal; and within eight days of filing the departmental appeal, appellant had filed appeal before the Service Tribunal, which was derogation of Proviso (a) of S.4 of the Balochistan Service Tribunals Act, 1974, under which elapse of 90 days from the date of preferring said departmental appeal, was mandatory---Period of 90 days had not elapsed in the present case; and departmental appeal was pending---Present appeal being pre-mature, was not maintainable---Appeal was not maintainable for mis-joinder and non-joinder of necessary parties, because, Chief Conservator of Forest, who had been posted in place of the appellant, had not been made as a respondent, whereas another respondent, who was not necessary party, had been made respondent in the appeal---Appeal being not maintainable on both points, was dismissed, in circumstances. 2004 PLC (C.S.) 843; 2012 PLC (C.S.) 507; 2000 PLC (C.S.) 312; 1982 CLC 1614; 1986 SCMR 680; 1987 MLD 15; 1996 CLC 1009 and 1997 MLD 1453 ref. THIS JUDGMENT DELIVERED BY: ZAHEER-UD-DIN KAKAR, (CHAIRMAN):------------------- Through the instant appeal filed under section 4 of the Balochistan Service Tribunal Act, 1974 the appellant has sought the following relief:--- "that the notification dated 30th September, 2015 may kindly be suspended/set aside and the appellant be allowed to perform his duties on the post of Chief Conservator Forest (South), Quetta in the interest of justice, equity and fair play." 2. The appellant being aggrieved of impugned Notification…

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