Law:

Section:

Punjab Civil Servants Act (VIII of 1974)S. 9Punjab Service Tribunals Act (IX of 1974), S. 4Constitution of Pakistan (1973), Art. 212Civil serviceWithdrawal of posting order of respondentRespondent's appeal against withdrawal of his posting order was accepted with direction that he should not be further transferred except in accordance with rules and transfer policyValidityOrder of transfer with which petitioner felt aggrieved was passed on 11111996Petitioner made representation against said order to next higher Authority i.e. the Governor on following day i.e. 12111996 and proceeded to file appeal before Service Tribunal on 13111996 without allowing period of 90 days to expire as per requirement of proviso to S. 4, Punjab Service Tribunals Act, 1974Appeal filed by respondent before Service Tribunal was, thus, premature and was hot maintainable when filedService Tribunal, however was not alive to such matter Impugned judgment of Service Tribunal was thus, not sustainable in lawPetition for leave to appeal was converted into appeal and allowed Judgment in question, was set aside leaving it open to respondent to file fresh appeal before Service Tribunal in accordance with law. ORDER ZIA MAHMOOD MIRZA, J. Petitioner, an Assistant Executive Engineer/S.D.O. in the Department of Irrigation, Government of Punjab has filed this petition for leave to appeal against the judgment of the Punjab Service Tribunal dated 81997 whereby appeal filed by Imtiaz Akbar Bhatti, S.D.O. against an order of the Secretary to Government of the Punjab, Irrigation Department dated 11th November, 1996 withdrawing the posting order of the said respondent as S.D.O. at Marala Headworks Sub­-Division, was accepted with further direction that "He shall not be further transferred accept in accordance with the rules and transfer policy." 2. We have heard the learned counsel for the petitioner as also the learned counsel appearing for respondent No. 3 Imtiaz Akbar Bhatti. It has been contended by_ the learned counsel for the petitioner that the appeal of respondent No. 3 before the Service Tribunal was not competent in view of Proviso (a) to section 4 of the Punjab Service Tribunals Act, 1974. To…

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