Case Details

Citation(s)
1992 SLG 766 1992 SLD 766 1992 SCMR 1843
Supreme Court of Pakistan
Civil Petition No.201-P of 1991, decision dated: 20-05-1992(On appeal from the judgment/order, dated 1-7-1991 of the Peshawar High Court, Peshawar passed in W.P. No.358 of 1990)
MUHAMMAD AFZAL ZULLAH, C.J. AND WALI MUHAMMAD KHAN, J

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NAZIR HUSSAIN, (EXDIRECTOR EXCISE and TAXATION), ADMINISTRATOR, AUQAF, N. W.F.P., PESHAWAR

N.W.F.P. through the Chief Secretary/Secretary, Services & General Administration Department, Government of N.W.F.P.; Peshawar and others

Law:

Section:

North-West Frontier Province Civil Servants Act (XVIII of 1973)--S.10---Civil servant is liable to transfer anywhere within or outside the Province to any post under the Federal Government or any Provincial Government or Local Authority or Corporation or body set up or established by any such Government---Civil servant cannot object to his transfer. Under section 10 of the N.-W.F.P. Civil Servants Act, 1973 any civil servant is liable to transfer anywhere within or outside the province to -any post under the Federal Government or any Provincial Government 'or local authority or corporation or body set up or established by any such Government and the Government employee, cannot object to his transfer. In the present case the petitioner was transferred from the post of Director, Excise and Taxation by the Government of N.-W.F.P. and in his place respondent was posted. This was within the power of the transferring authority and could not be legally assailed by the petitioner. JUDGMENT WALI MUHAMMAD KHAN, J: --Nazir Hussain, petitioner herein, seeks leave to appeal against the judgment of the Peshawar High Court, dated 1-7-1991, whereby his Writ Petition No.358 of 1990 challenging the order, dated 16-8-1990, transferring him from the post of Director, Excise and Taxation, N.-W.F.P., Peshawar to the post of Deputy…
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