Law:

Section:

Punjab Local Councils Service (Appointment and Conditions of Service) Rules, 1983Rr. 10, 18 & 22West Pakistan Government Servants (Conduct) Rules, 1966, Rr. 19 & 29Punjab Local Councils Service (Efficiency and Discipline) Rules, 1990, R. 5Posting and TransferMisconductCivil servant who was posted as Chief Officer Zila Council in BS17At place 'M' was transferred and in his place opposing civil servant working as Taxation Officer in BS16 was 'posted as Chief Officer Zila Council in his own pay and scaleValidityTransferring Authority passed transfer and posting orders without making independent decision, but simply on recommendation of Local Member of National Assembly who was approached .both by civil servant and opposing civil servant without undertaking examination of the case as per requirement of Policy and Rules according to which posting of Officer should have been based on assessment of his service record, aptitude, requirements of job and public interestJob of filling up posts could be done only in public interest which should be in consonance with interest of civil servant in performing his official functionsTask of fusing public and individual interests and of removing contradiction could be performed only through effective exercise of bureaucratic power in accordance with criteria enshrined in the rules, law and policyDeviation from such criteria could not be supported or justified by invoking S. 9.of Civil Servants Act, 1974 or R. 10 of Local Councils Service (Terms and Conditions of Service) Rules, 1983 which did not provide a licence for shifting officers under extraneous pressure without regard to provisions of law, policy, rules and above all public interestSuch act would not only be illegal, but also mala fideCivil servant or opposing civil servant, thus, `could not legally claim to be posted as Chief Officer Zila Council at place ' N' as both of them had failed to establish any violation of terms and conditions of their service whereas both of them by exerting political pressure, had violated provisions of West Pakistan Government Servants (Conduct) Rules, 1966Both civil servant and opposing civil servant were also liable to disciplinary…

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