| Citation(s) |
|---|
| 1993 SLG 1668 1993 SLD 1668 1993 PLC 1130 |
Lahore High Court
Writ Petition No. 987-S/BWP of 1992, decided on 7th February, 1993.
AUSAF ALI KHAN, J
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Writ Petition No. 987-S/BWP of 1992, decided on 7th February, 1993.
AUSAF ALI KHAN, J
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Dr. MUHAMMAD ABDULLAH
VS
GOVERNMENT OF PAKISTAN through Secretary, Ministry of Science and Technology and 5 others
Law:
Section:
Civil service-- ----Transfer---Challenge to --Entitlement to relief in transfer matters---Policy of Courts not to interfere in transfer matters---Reasons made out for the transfer were reasonable and did not appear to be tainted with malice or extraneous considerations---Authority appeared to have passed transfer order keeping in view administrative interests--.Civil servant could not successfully impugned transfer order on legal premises for letter of his appointment stipulated that he would be liable to transfer anywhere in Pakistan---Court would be slow in granting relief in a transfer matter---Civil servant was thus, not entitled to relief in the matter of his transfer. Raja Muhammad Afzal v. Secretary, Education, Government of the Punjab, Lahore and 2 others 1992 PLC (C.S.) 117 ref. Allah Rakha v. Government of the Punjab and another 1980 PLC (C.S.) 397; Syed Afzal Ahmad Hydari v. Secretary, Defence Production Division, Ministry of Defence, Rawalpindi 1991 SCMR 477; Nazir Hussain, Ex-Director, Excise and Taxation Administrator Auqaf, N.-W.F.P., Peshawar v. N.-W.F.P. through The Chief Secretary/Secretary, Service & General Administration Department, Government of N.-W.F.P., Peshawar and 2 others 1992 SCMR 1843 rel. MA. Farani for Petitioner. M.S. Iqbal Chughtai for Respondents 2 and 3. Date of hearing: 30th January, 1993. JUDGMENT In this petition under Article 199 of the Constitution of Pakistan, the petitioner Doctor Muhammad Abdullah, Director, Pakistan Council of Research and Water Resources, Regional Office, Bahawalpur, has sought cancellation of transfer order dated the 27th of July, 1992 passed by the Chairman, Pakistan Council of Research and Water Resources, Islamabad, respondent No. 2 herein, shifting him to Quetta. 2. The petitioner is aggrieved that he has been transferred to another project of different and unrelated field of Research and Study at Quetta out of malice as sometime back the respondent No. 3 had asked to withdraw the civil suit which he had instituted against his department, claiming seniority and emoluments but he did not oblige him. The petitioner has maintained that he is engaged in study of Research of Growth of Kaller…
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