Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Transfer order on political basis--­Director, Education, on application of civil servant ordered cancellation of transfer order made on political basis during ban, whereupon District Education Officer cancelled the transfer order---Civil servant was transferred subsequently on basis of earlier transfer order by Deputy District Education Officer, ignoring cancellation orders passed by Director of Instructions and District Education Officer---Validity---Earlier transfer order passed mala fide with ulterior motives resulting from political pressure and had been issued during ban on transfers---Director of Education had correctly ordered cancellation of said order which in his opinion was made on political basis during ban---Order of cancellation was itself sufficient to show malice on the part of Deputy District Education Officer and while making subsequent transfer order (restoring previous one) she had acted beyond her jurisdiction for having superseded order of her superior which amounted to misconduct on her part---Deputy District Education Officer had passed transfer order in question, with mala fide intention just to please some influential persons, which was not permissible under law---No body should be allowed to make civil servant shuttle cock just to favour influential ones---Law and Courts of law exist to protect fundamental rights of every citizen and no one however influential, he may be, should be allowed -to do wrong acts and harass any one for ulterior motives---Subsequent order for transfer of civil servant was set aside by High Court in circumstances. (b) Administration of justice--- ----Law and Courts of law exist to protect fundamental rights of every citizen--­No one, however, influential he may be, should be allowed to do wrong acts and harass any one for ulterior motives. Muhammad Ramzan Chaudhry for Petitioner. Lal Khan Baloch for Respondents Nos. 1 and 3. ORDER Petitioner Miss. Maryam Saba through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeks that the impugned order dated 12-4-1995 be declared illegal, unlawful…

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