Law:

Section:

Civil service------- --- Transfer--Transfer of civil servant by authority on the direction of Minister of Department--Legality--Minister had no authority to transfer a civil servant of his department under any provision of law/rule or instructions made by the competent authority--Director of the Department though a competent authority, had not passed the transfer order after independent application of his mind, but in pursuance of the order of Minister, who had no jurisdiction in the matter--Civil servant's transfer order was liable to be quashed on that ground alone--Director of the Department was directed to pass a fresh order regarding posting and transfer of civil servant and contesting respondent, as he might deem fit, in the exigencies of service and in accordance with law--Question of posting and transfer is essentially for the competent authority to decide--High Court in the exercise of its Constitutional' jurisdiction cannot substitute its decision for that of the administrative Authority. Mushtaq Masood for Petitioner. Rana Arshad, Addl. A.-G. for Respondent No. 1. Sardar Muhammad Latif Khan Khosa for Respondent No. 2. Date of hearing: 3rd April, 1989. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question order dated 25-9-1988 passed by the Director, Local Government and Rural Development, Sargodha Division, Sargodha, at the instance of the Minister, Local Government and Rural Development Department, Punjab, (hereinafter called as LG & RD), whereby, the petitioner was transferred from R.D. Markaz, Sargodha, to report in the Directorate of LG & RD vice respondent No. 2. 2. Briefly, the facts are that after completing his normal tenure of 3-1/2 years at R.D. Markaz, Quaidabad, District Khushab, the petitioner was transferred to Shahpur Saddar by order dated 27-8-1988 of the Director, LG & RD, Sargodha Division, Sargodha, in the exigencies of service and in the public interest. Subsequently, after seven days, at the instance of the Minister for LG & RD, the petitioner was again transferred to R.D. Markaz, Bhangi Khalil, District Mianwali, to accommodate one Khalid Mahmood,…

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