| Citation(s) |
|---|
| 1983 SLG 1562 1983 SLD 1562 1983 PLC 508 |
Service Tribunal, Punjab
Case No. 474/1455 of 1981, decided on 1st November, 1982.
MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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Case No. 474/1455 of 1981, decided on 1st November, 1982.
MALIK ZAWWAR HUSSAIN AND ABDUL HAMID CHAUDHRY, MEMBERS
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MUHAMMAD AKRAM
VS
WILDLIFE AND FISHERIES DEPARTMENT
Law:
Section:
Civil service- --Locus Poenitentia --- Principle of - Due to re-organisation Forester transferred temporarily as Game Warden-Re-transfer of such person subsequently as Forester, held, not hit by principle of animus locus poenitentia and principle of animus revertendi or locus--poenitentia available with Government to repatriate him to his parent Department and post of his lien-Punjab Civil Servants Act (VIII of 1974), S. 9. Masud Ahmed Riaz for Appellant. Haroon-ur-Rashid Cheema District Attorney for Respondent. JUDGMENT MALIK ZAWWAR HUSSAIN (MEMBER). -Muhammad Akram, Game Inspector, Forestry and Wildlife Department, Sialkot has filed this appeal under section 4 of the Punjab Service Tribunals Act, 1974 in which he has impleaded the Secretary to Government of the Punjab, Forestry, Wildlife and Fisheries Department as respondents. 2. By virtue of this appeal, he has prayed that the impugned order issued by the respondent vide endorsement No. SOE 11-2-16/79, dated 12-9-1981 be set aside and the appellant be allowed to continue as Game Inspector in the Game Department. 3. Brief facts of the case are that the appellant was appointed as a Forester in the year 1963-64 in the Forest Department. Due to transfer of Canal Sides Plantation from Forest Department to the Irrigation Department, the Government ordered retrenchment of some of posts of field staff in the Forest Department The appellant claims that the post held by him was not only retrenched but he was also declared surplus by the Forest Department. As such he was absorbed as Game Inspector in the Game Department, because he fulfilled all the academic qualifications prescribed for that post, and accordingly an order was passed by the Chief Conservator of Forests ride Letter No. 542/Ex-B-IV-22 dated 28-8-1979 addressed to the Conservator of Forests, Lahore. Thereafter the Government issued an order dated 12-9-1981 whereby the appellant was repatriated to his parent Department i.e. Forest Department (Forest Division Kasur) for posting as Forester with immediate effect. Hence the present appeal. 4. We have heard Mr. M. A Riaz, Advocate on behalf of the appellant as well as the learned District Attorney on behalf…
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