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---Tenure post---Security of tenure---Petitioner was Municipal Officer and was transferred by Election Commission from his place of appointment to another place---Validity--Petitioner did not claim any vested right against any particular post but only wanted implementation of security of tenure provided under section 186 of Punjab Local Government Act, 2022---High Court set aside notification of transfer of petitioner as there was a ban imposed by the Election Commission---Constitutional petition was allowed accordingly. Date of hearing: 17th May, 2024. JUDGMENT RAHEEL KAMRAN, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ( the Constitution ), the petitioner has impugned the notifications dated 06.12.2023 issued by the Secretary Local Government and Community Development Department, South Punjab whereby he has been transferred from the post of Municipal Officer (Infrastructure), Municipal Committee, Vehari and directed to report to LG&CD Department (South Punjab) and respondent No.7 namely Nazar Hussain SubEngineer has been assigned additional charge of the said post. 2.    Learned counsel for the petitioner contends that the impugned transfer notification has been issued in disregard of security of tenure provided in section 186 of the Punjab Local Government Act, 2022 ( the Act ). According to him, the petitioner who was posted as Municipal Officer (Infrastructure), Municipal Committee, Vehari vide notification dated 16.09.2022 has been transferred and directed to report to Local Government and Community Development Department, Punjab vide impugned notification dated 06.12.2023 without completion of two years period. He further contends that the impugned notification was passed during subsistence of ban imposed by the Election Commission of Pakistan through notification dated 15.08.2023. 3.    Learned Law Officer contends that the notification dated 15.08.2023 issued by the Election Commission of Pakistan imposes restriction only upon posting and…