Case Details

Citation(s)
2019 SLG 510 2019 SLD 510 2019 PLC 175
Lahore High Court
Writ Petition No. 9594 of 2018, decision Dated: 15-08-2018.
MUJAHID MUSTAQEEM AHMED, JUSTICE
Petitioner(s) by: Sajjad Hussain Tangra Khalid Masood Ghani, Assistant Advocate-General Punjab.
Respondent(s) by: Mohammad Aslam Malik for Private

MAZHAR HUSSAIN

VS

PRINCIPAL, NISHTAR INSTITUTE OF DENTISTRY, MULTAN AND ANOTHER

Law:

Section:

Civil service--- ----Transfer of employee---Delegated powers, exercise of---Contention of petitioner-employee was that impugned order was based on mala fide and was without jurisdiction---Validity---Employee had been transferred in the same Institute and against the same post---Transfer of petitioner was not disadvantageous to the employee---Plea of mala fide was not supported by any tangible material---Transfer in ordinary course should not be made till completion of tenure of three years but department could make transfer in the exigency of work before that period---Employee was liable to be transferred in the administrative exigencies from one place to another---Competent authority had prerogative to transfer any employee---Court was not to interfere in posting and transfer matters when there was no element of mala fide or such plea was taken without any substance---No right of the petitioner, in the present case, had been infringed, transfer and posting was part of service and it was for the authority to determine where services of any staff member were required---Department had exercised delegated powers while passing the impugned order which could not be termed as without jurisdiction or without lawful authority---Impugned order had been passed in the interest of department---Plea of mala fide of department while passing the impugned order was devoid of any merits---Constitutional petition was dismissed, in circumstances. Zahid Akhtar v. Government of Punjab PLD 1995 SC 530; Tahir Mehmood Abbasi and another v. District Coordination Officer, Rawalpindi and another 2009 PLC (C.S.) 320 and Tariq Mehmood Malik v. Chief Executive Officer and others 2018 PLC (C.S.) 664 rel. THIS JUDGMENT DELIVERED BY: MUJAHID MUSTAQEEM AHMED, J.---- By this single order, I intend to dispose of the instant writ petition and connected W.P.No.11358/2018 (Mazhar Hussain v. Principal, Nishtar Institute of Dentistry, Multan and others), as both these matters have arisen between the same parties. 2. Facts of the case necessary for disposal of these petitions are that the petitioner was serving as Office Attendant in Dental Paramedical School, Nishtar Institute of Dentistry, Multan,…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492