Case Details

Citation(s)
1999 SLG 822 1999 SLD 822 1999 PLC 214
Lahore High Court
Writ Petition No. 5726 of 1998, decision dated: 2-07-1998.
CH. IJAZ AHMAD, J

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NIAZ AHMAD NAZ

VS

DIVISIONAL SUPERINTENDENT, RAILWAYS and others

Law:

Section:

Civil service------- Transfer of civil servant---Civil servant had alleged that his transfer had been made under influence of politician who had no authority whatsoever in that respect and that order of his transfer was result of mala fide action and colourable exercise of Competent Authority which did not apply its independent mind---Authority was directed by High Court to look into the matter and pass appropriate order strictly in accordance with law. Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 ref. Rana Khalid Mahmood for Petitioner, ORDER The learned counsel for the petitioner contended that the transfer order has been passed under the influence of the politicians, who had no authority whatsoever under the Civil Servants Act, therefore, the competent Authority did not-apply its independent mind. He further argued that the orders of transfer are the result of the mala fide action and colourable exercise by the respondent. 2. I have given my anxious consideration to the contentions of the learned counsel and perused the record. The proposition being canvassed in these petitions came up for consideration before the Hon'ble Supreme Court of Pakistan in the case of Zahid…
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