Case Details

Citation(s)
1996 SLG 503 1996 SLD 503 1996 PLC 432
Lahore High Court
Writ Petition No.5613 of 1995, decision dated: 5th November 1995
AHMAD SAEED AWAN, J

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MANSOOR AZAM

VS

SECRETARY TO GOVERNMENT OF THE PUNJAB, AGRICULTURE DEPARTMENT and 3 others MANSOOR AZAM Vs SECRETARY TO GOVERNMENT OF THE PUNJAB, AGRICULTURE DEPARTMENT and 3 others

Law:

Section:

Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Constitutional petition---Maintainability---Transfer of civil servant---Validity---Civil servant had challenged his transfer from one place of service to another alleging that same was made by Authority under political pressure and on behest of Minister without applying independent mind---High Court observed that Authority concerned should have pointed out to the Minister concerned the extent of his authority in matter of transfer/posting besides bringing to his notice that such frequent transfers of Government servant could neither be justified as the exigencies of service nor it could be described in the public interest---High Court, however, in view of bar contained in Art.212 of Constitution of Pakistan held that petition filed by civil servant against his transfer, was not maintainable and was liable to be dismissed. Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 ref. ORDER The petitioner has assailed the validity of the order, dated 23-4-1995 passed by the Director, Rapid Soil Fertility Survey and Soil Testing Institute, Lahore whereby the petitioner was transferred from Sargodha to Jhelum. The grounds urged are that the impugned order is in violation of Articles 4 and 25 of the Constitution; has been passed without independent application of mind; under political pressure and that the minister does not figure…
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