Law:

Section:

North-West Frontier Province Board of Intermediate and Secondary Education Act, 1990-------Ss. 12(8)(i), (ii) & 14---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Maintainability---Transfer and repatriation---Cavil servant working as Principal of Government Superior Service College was transferred and posted as Chairman, Board of Intermediate and Secondary Education, by Controlling Authority---After serving for three years, civil servant was repatriated to his parent Department by notification---Civil servant in his Constitutional petition had challenged notification of repatriation on ground that he had been prematurely repatriated to his parent Department before completing his four years' tenure as prescribed under S.14(2) of North-West Frontier Province Board of Intermediate and Secondary Education Act, 1990---Civil servant had further alleged that since his repatriation to his parent department amounted to termination, it was essential that he should have been provided an opportunity of hearing before passing repatriation order---Tenure of civil servant as Chairman, Board of Intermediate and Secondary Education, was not fixed and S.14(2) of North-­West Frontier Province Board of Intermediate and Secondary Education Act, 1990, had provided that Chairman, Board of Intermediate and Secondary Education would hold post during pleasure of Controlling Authority--­Controlling Authority, in circumstances, had been conferred unfettered power to remove or transfer a Chairman, Board of Intermediate and Secondary Education without assigning any reason---Four years' period mentioned in subsection (2) of S. 14 of North-West Frontier Province Board of Intermediate and Secondary Education Act, 1990, was the maximum period for which a person could be appointed as Chairman of Board of Intermediate and Secondary Education but by no means it could be interpreted as a normal tenure---Civil servant, in circumstances, had no vested right to remain Chairman for a period of four years---Contention of civil servant regarding right of hearing was also without substance, because order of repatriation was not an adverse order against civil servant, but he was…

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