Law: Punjab Local Government Act, 2022

Section: XXXIII,186

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Local Government Act (XXXIII of 2022)-------S. 186---Constitution of Pakistan, Art. 199---Constitutional petition--Maintainability---Transfer and posting---Security of tenure for the Chief Officer and other officers of the local governments---Petitioner assailed notification of his transfer and posting on the analogy of earlier decision of High Court in similar matter on the basis of security of tenure---Respondent-department took the plea of difference of status of the posts as Chief Officer in the earlier case and as SubEngineer in the case of petitioner---Validity---Section 186 of the Punjab Local Government Act, 2022, (Act) refers to all Chief Officers and such other officers of the Local Governments that may be specified by the Secretary from time to time--Petitioner was transferred and posted as Sub-Engineer by the Secretary Local Government and Community Development Department, thus, he fell within the category of 'such other officers' specified by the Secretary---Petitioner had been transferred within a span of fourteen months and was transferred through the notification just after four months, which was against the ordinary tenure provided in S. 186 of the Act---Competent authority can transfer an officer on administrative grounds, but if the same is tainted with mala fide or any external influence or any other arbitrary reason or a reason contrary to the settled principles of transfer/posting, the same is void ab initio---Right of an employee/officer against displacement or transfer is accepted only when the same is passed on extraneous consideration and it cannot be claimed as a matter of right---Constitutional petition was allowed, in circumstances.Muhammad Ilyas Khan v. Senior Member, Board of Revenue, N.W.F.P., Peshawar and others 2011 PLC (C.S.) 935 and Syed Mahmood Akhtar Naqvi and others v. Federation of Pakistan and others PLD 2013 SC 195 rel.Date of hearing: 20th November, 2024.JUDGMENTRAHEEL KAMRAN, J.---The petitioner has invoked the constitutional jurisdiction of this Court to challenge the notification dated 06.12.2023 issued by the Secretary Local Government and Community Development Department, South Punjab whereby he has been…