Case Details

Citation(s)
1999 SLG 513 1999 SLD 513 1999 SCMR 2482
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1697; L of 1998, decision dated: 22-01-1999. (On appeal from the order, dated 17-9-1998 of the Punjab Service Tribunal, Lahore passed in Appeal No.3521 of 1997)
SH. IJAZ NISAR AND MUNIR A. SHEIKH, JJ
Hafiz Tariq Nasim, Advocate Supreme Court and Muhammad Aslam Chadhry, Advocate-on-Record for Petitioners. Ashtar Ausaf Ali Khan, Advocate-General, Punjab, for
Respondents

EHSAN ELAHI CHEEMA

VS

SECRETARY HEALTH and 2 others

Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Transfer of civil servant---Civil servant who remained posted for more than eight years much above normal tenure of posting of three years at station of his working, was transferred to another place of working for administrative reasons---Civil servant whose appeal against said transfer order was dismissed by Service Tribunal, had failed to prove any mala fides of Authority in transferring him to another place of working---Validity---Posting and transfer being prerogative of employer, no vested right was created in favour of civil servant to claim that he should be posted at one station unless any rule had created any right in him to remain posted at one station or had debarred administration from transferring him on same suffered from mala fides---Order of transfer of civil servant made for administrative reasons, could not be said to have suffered from mala fides particularly when he had already remained posted for more than eight years much above the normal tenure of posting of three years at a station under the rules---Petition for leave to appeal merited dismissal as no question of law of public importance was involved in case of petitioner, whereas it was a case of individual grievance. JUDGMENT MUNIR A. SHEIKH, J.---This petition for leave to appeal is directed against the order dated 17-9-1998 of the Punjab Service Tribunal, Lahore through which the appeal filed by the petitioner against his transfer order dated 19-9-1997 has been dismissed. 2. The petitioner who was working as Pharmacist was transferred by the Secretary, Health, Government of the Punjab, to District Headquarter Hospital, Jhelum for administrative reasons. He challenged the said order through appeal before the Punjab Service Tribunal which has been dismissed through the impugned order, dated 17-9-1998, against which leave to appeal has been sought. 3. Learned counsel for the petitioner submitted that the order of transfer dated 19-9-1997 suffered from mala fides inasmuch as the petitioner was victimized on account of his efforts through different applications to unearth the irregularities in the department. Comments were called for from the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492