Law: Constitution of Pakistan, 1973

Section: 199

Law: General Clauses Act, 1897

Section: 424-A

Constitution of Pakistan--- ----Art. 199---National Highway Authority Administrative Regulations, 2002, Reglns. 4.10 & 4.12---General Clauses Act (X of 1897), S.24-A---Constitutional petition---Transfer and posting---Reasons for decision---Scope---Petitioner assailed the notification of his transfer on the ground that it was in violation of Reglns. 4.10 & 4.12, National Highway Authority Administrative Regulations, 2002---Validity---Impugned notification did not demonstrate any special circumstances, due to which, the Reglns. 4.10 & 4.12(3) were deviated and bypassed---Section 24-A of the General Clauses Act, 1897, imposed a mandatory obligation upon every executive and public authority, that the order passed by such authority must not be brief and non-speaking---Though the Regln. 4.10 did not prescribe a minimum period during which an employee/officer of NHA must serve at his post, however, it did not mean that the Authority without assigning any reason could move an officer from the place he was posted just after eight months or subject the officer to successive transfers in a short period for this would amount to punishment---Such transfers also affected the public interest and resulted in the wastage of public resources and constituted bad governance---Impugned notification was declared to have been issued without lawful authority and of no legal effect---Constitutional petition was allowed. Khan Muhammad v. Chief Secretary, Government of Balochistan, Quetta and others 2018 SCMR 1411 rel. Syed Muhammad Akhtar Naqvi v. Federation of Pakistan PLD 2013 SC 195 ref. JUDGMENT GUL HASSAN TAREEN J.----Through this Constitution Petition, the petitioner seeks the following prayer: "a. To declare that the office order/notification No. 22 (1)- Admn. (P-1)/NHA/458 dated 17th May, 2022 to the extent of petitioner (at serial No. 2) is illegal, void and issued in excess of authority and contrary to law and rules and is to be declared of no legal effect; b. To set aside the office Order/Notification No. 22 (1)- Admn. (P-1) / NHA/458 dated 17th May, 2022 to the extent of petitioner and he be allowed as per regulations to work as Deputy Director ((Maint) Ormara,…

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