Law:

Section:

Punjab Civil Servants Act (VIII of 1974)S. 9Punjab Service Tribunals Act (IX of 1974), S. 4Transfer of civil servant before expiry of normal tenure of 3 years ValidityGovernment was although vested with powers to transfer civil servant in public interest, from one post to another post under Provincial Government or Federal Government or to any Corporation, without changing his terms arid conditions of service yet such powers were to be exercised with utmost caution and sense of justiceDepartment must justify its action to absolve itself of the charge that transfer was ordered when same was not mature ­Transfer of civil servant could not be ordered before completion of his normal tenure merely because another civil servant was keen to be posted at the particular, placePowers vested in Government should not in any case be ­exercised arbitrarily and capriciouslyWritten objections filed by concerned officers clearly showed political interference which resulted in transfer of civil servantCivil servant having been transferred without completing his tenure, order of his transfer was set aside in circumstances. Shamsher Iqbal Chughtai for Appellant. Abbas Raza, District Attorney for Respondents. Date of hearing: 6th June, 1995. JUDGMENT The appellant Abdul Moeen Chishti had, through the instant appeal, challenged the impugned order, dated 23111994 (Annexure I) whereby the transfer of the appellant from Kot Sher Muhammad Section to Lodhranwala Section of Sadiqia Division vide order, dated 6111994 was revived. Before filing the instant appeal, the appellant of course exhausted the departmental remedy of making a representation against the transfer which was denied to him and his representation was rejected by 'the respondents 1 and 2 on 12121994 and 22121994 vide letters at Annexbres 'K and M'. 2. Learned counsel states that during the period from 1361991 to 1441994, the appellant was subjected to frequent transfer to the extent that he was not allowed to complete his tenure at any one of the places of his posting during the said period. Finally, he was posted at Kot Sher Muhammad on 1441994 and within 7 months of his posting at that place, he was again transferred to…

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