Law:

Section:

Constitution of Pakistan (1973)-- ----Art. 199---Civil service---Constitutional petition---Transfer---Validity--­Order of transfer of civil servant was passed by Authority merely mechanically following the instructions of the Minister concerned who had no authority under the law to order transfer of any civil servant or direct Competent Authority to transfer---Order transferring civil servant passed by Competent Authority merely on directions of Minister concerned, having not been passed in public interest, was without jurisdiction and was liable to be set aside on that ground. 1989 PLC (C.S.) 436; Munawar Khan v. Niaz Muhammad and 7 others 1993 SCMR 1287 and Abdur Rashid v. Riazuddin and others 1995 SCMR 999 ref. ORDER The petitioner is aggrieved of the order of his transfer, dated 14-9-1995 passed by respondent No.l Assistant Commissioner/Collector Sub-Division, Haroonabad, District Bahawalnagar. 2. It is contended by the learned counsel for the petitioner that a bare reading of the impugned order shows that it has been passed under the instructions of the Minister for Revenue, Government of the Punjab. The impugned order is reproduced below:-- 3. The learned counsel submits that the abovementioned order is without jurisdiction because the Minister has no authority to give directions for the transfer of the petitioner and the transferring authority respondent No. 1 instead of passing an order independent of the instructions, has merely mechanically followed the instructions of the Minister which is illegal and ab initio void. Reliance in this connection is placed on Abdur Rauf v. Director, Local. Government and Rural Development, Sargodha and another 1989 PLC (C.S.) 436, wherein it was held that :--- "Minister for Local Government and Rural Development had no authority to transfer a Sub-Engineer of his Department under any provision of law/rule or instruction made by Competent Authority. The Director of Local Government and Rural Development who is Competent Authority, has not passed impugned order of transfer after independent application of his mind, but in pursuance of order of Minister who had no jurisdiction in matter." And the order impugned therein…

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