Law:

Section:

JUDGMENT AMIR HANI MUSLIM, J.---Through this petition the petitioners seek leave to appeal against the judgment dated 3-6-2011 passed by a learned Division Bench of the High Court of Sindh, Circuit Bench Hyderabad, dismissing the Constitution Petition No.D-587 of 2011 filed by the pro forma respondents Nos.l to 3 challenging their transfer orders made by the Prosecutor-General, Sindh. 2. Brief facts of the case as they appear from the record are that the pro forma respondents Nos.1 to 3 after their induction in Criminal Prosecution Service, Sindh, upon exercise of their one time option, were posted at District Hyderabad. The Prosecutor-General, Sindh, the respondent No.1, -by order dated 25-3-2011, transferred pro forma respondents Nos.1 to 3 from District Hyderabad to District Umer Kot, against which the pro forma respondents preferred the constitution petition, which petition was dismissed by the impugned judgment. 3. The learned Advocate-General, Sindh, has contended that under the provisions of Sindh Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2010 (hereinafter referred to as "said Act"), the Prosecutor-General, Sindh, has no authority to order transfer of any of the members of the service. His next contention was that under section 5(1) and (3) of the said Act, the Government,of Sindh has the power to order transfer and posting of any of the members of the service. His further contention, was that the competent authority for tile purpose of appointment under the said Act, is the Sindh Government and not the Prosecutor-General. According to him, under the Sindh Government-Rules of Business, 1986, read with Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, which rules are framed under section 26 of the Sindh Civil Servants Act, 1973, the officers holding posts in BS-17, other than Civil Judges and Judicial Magistrates can be transferred and posted only by the authority notified there-under. According to him, Rule 4(1)(7) of the. Rules of 1974, defines the competent authority which has the powers of appointment which includes power of transfer and posting. At S. No.21 Column 4 of the Schedule I of the Sindh…

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