Law:

Section:

Civil service--- ---- ESTACODE, 1989, p. 1041, para. 4---Punjab Civil Servants Act (VIII 1974), S. 10---Constitution of Pakistan (1973), Art. 199---Constitutiot petition---Entitlement to be appointed/posted as Deputy Commissioner in one of the major Districts---Provisions of ESTACODE on which petitioner had placed reliance clearly stated that post of Deputy Commissioner being a selection post, petitioner could not claim as a matter of right, in spite of the fact that he had initially been selected in D.M.G. (District Management Group)---Transfer and posting of civil servant was in the discretion of concerned Government---As for field posting of petitioner, he was not found fit for such posting for wherever, he had been posted during the span of his service there were allegations of serious nature against him and criminal cases had been registered against him a list whereof was placed on record by private respondents who had been impleaded at their own request to facilitate the Court in arriving at correct decision regarding relief claimed by the petitioner--Post of Deputy Commissioner being sensitive one and pivotal in the administration, person found fit for the same could be appointed thereto, whereas. in every posting in whatever department there were serious allegations of corruption, malpractices etc. against petitioner---High Court took note of the fact that cases registered against petitioner and inquiries conducted against him should have been decided one way or the other---High Court also noted with concern that in spite of such serious allegations against petitioner he continued to serve in his home Province---High Court, however, left it to the discretion of Chief Secretary of the Province and the Establishment Secretary of the Federal Government to do the needful---As far petitioner's entitlement to be posted as Deputy Commissioner, he had failed to make out a case of mala fides or discrimination, therefore, he was not entitled to relief claimed by him. Rana Muhammad Sarwar v. Government of Punjab 1990 SCMR 999; Begum Shams-un-Nisa v. Said Akbar Abbasi and another PLD 1982 SC 413 and Muhammad Saleem v. Superintendent of Police, Sialkot and another…

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