Case Details

Citation(s)
1999 SLG 461 1999 SLD 461 1999 SCMR 2246
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1860 of 1998, decision dated: 5-01-1999. (On appeal from the order, dated 12-10-1998, passed by Punjab Service Tribunal, Lahore in Appeal No. 1785 of 1998)
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
Shaukat Ali Mehr, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for
Respondents

PERVAIZ NAZIR BHUTTA

VS

SECRETARY, LOCAL GOVERNMENT AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF PUNJAB and others

Law:

Section:

Punjab Service Tribunals Act (IX of 1974)--S.4---Constitution of Pakistan (1973), Art. 212 (3)---Transfer of civil servant---Interim order---Discretion of Service Tribunal to pass interim order--­Civil servant who had filed appeal before Service Tribunal against his transfer from one place of working to another, also had submitted application for interim relief which application was dismissed by Service Tribunal as transfer of civil servant, had already been finalised---Validity--Service Tribunal considering face that civil servant who was transferred had already been relieved from duty did not find it conducive _ to grant interim relief---Passing of interim order was a discretion vested in Service Tribunal and Service Tribunal was entitled to examine desirability of circumstances and existence of reasonable ground for grant of temporary injunction---Order of Service Tribunal, dismissing application of civil servant for grant of interim order, could not be interfered with in absence of any legal infirmity or error in order of Service Tribunal. Imran Raza Zaidi v. Government of Punjab 1996 SCMR 465 ref. JUDGMENT MUNAWAR AHMED MIRZA, J.---This petition for leave to appeal is directed against order dated 12-10-1998 passed by Punjab Service Tribunal, Lahore in Appeal No. 1785 of 1998. 2. Relevant facts briefly mentioned are that petitioner was appointed as District Engineer, Zila Council Rajanpur on 16-12-1997. He was transferred from Rajanpur to Municipal Committee Kot Adu on 1-8-1998. It is the case of petitioner that aforesaid transfer order has been passed on political reasons at the instance of Finance Minister of Punjab. Petitioner on 22-8-1998 challenged above transfer order through Writ Petition No.7174 of 1998 before Lahore High Court (Multan Bench) Writ Petition was eventually dismissed on 24-9-1998 being not maintainable. Petitioner thereafter submitted departmental appeal on 25-9-1998 which was later rejected by the competent Authority on 8-10-1998. It may be mentioned here that meanwhile petitioner was, relieved from Rajanpur towards 25-9-1998. Aggrieved from Departmental appeal petitioner preferred…
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