Law:

Section:

(a) Balochistan Civil Servants Act (IX of 1974)-------S. 10---Balochistan Service Tribunals Act (V of 1974), S.4---Transfer order---Direct appeal before the Service Tribunal without exhausting departmental remedy---Maintainability---Counsel for authorities had contended that appeal filed by the appellant was not maintainable having been filed directly without exhausting departmental remedy---Contention was repelled as matter of transfer of civil servants being part of terms and conditions of their services, would fall within exclusive jurisdiction of Service Tribunal---Order of transfer of civil servant could straightaway be challenged before Service Tribunal without first exhausting the remedy of representation in the hierarchy of the department---If transfer order was mala fide or in violation of settled law, and was made for extraneous considerations to accommodate some blue eyed-chap, it would squarely fall within the domain of Service Tribunal---Said original orders of the departmental authorities against which no appeal had been provided, had been termed as the original final orders; whereas in those cases where appeal lay, the order passed in appeal was the final order---Order of the departmental authority for the transfer of the civil servant was such against which, no departmental appeal lay before the higher authority; in such a situation, if the aggrieved civil servant wanted to get relief, could immediately approach the Administrative Court or the Tribunal for redressal of his grievance. (b) Balochistan Civil Servants Act (IX of 1974)--- ----S. 10---Balochistan Service Tribunals Act (V of 1974), S.4---Transfer order---Question of transfer/posting under S.10 of Balochistan Civil Servants Act, 1974 fell within the domain of competent authority, but such discretion must not be exercised in an arbitrary or fanciful manner---Such discretion had to be exercised judiciously and in accordance with settled norms of justice, equity and fairplay---Government was required/duty bound to exercise the discretion keeping in view the nature of duty and requisite capabilities in a fair and impartial manner---There should be no extraneous considerations---Transfer…

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