| Citation(s) |
|---|
| 1998 SLG 1469 1998 SLD 1469 1998 PLC 832 |
Lahore High Court
Writ Petition No. 23307 of 1997, decision dated: 16-04-1998.
KARAMAT NAZIR BHANDARI, J
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Writ Petition No. 23307 of 1997, decision dated: 16-04-1998.
KARAMAT NAZIR BHANDARI, J
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MUHAMMAD AKRAM TAHIR
VS
SECRETARY EDUCATION, GOVERNMENT OF PUNJAB, LAHORE and others
Law:
Section:
(a) Punjab Civil Servants Act (VIII of 1974)-------S. 9---Government Servants Conduct Rules, 1966, R. 19---Constitution of Pakistan (1973), Arts. 240, 199 & 212---Transfer and posting of civil servants---Interference or exerting influence by M.N.As./M.P.As./ Ministers/Chief Minister/representatives and office-bearers of ruling political party for transfers and postings of civil servants was not only prohibited but any such person interfering in such matters would be subverting provisions of law and such subversion would render him liable to be disqualified--Competent Authority is to ignore such interference and influence and must act in accordance with dictates of law. (b) Punjab Civil Servants Act (VIII of 1974)- ----S. 9---Constitution of Pakistan (1973), Arts. 199 & 212---Transfer of civil servants--- Jurisdiction---Question of transfer/posting being matter pertaining to terms and conditions of service, even in cases where transfer had taken place under the influence/dictation of M.N.As./M.P.As., bar contained under Art. 212(2) of the Constitution, would remain intact---High Court, thus, would have no jurisdiction in matter pertaining to transfer/posting of civil servants. Zahid Akhtar v. Government of Punjab and others PLD 1995 SC 530; Muhammad Anis and others v. Abdul Haseeb and others PLD 1994 SC 539; Province of the Punjab through Secretary Health Department v. Dr. S. Muhammad Zafar Bukhari PLD 1997 SC 351; Miss Rukhsana Ijaz v. Secretary Education, Punjab and others 1997 SCMR 167 = 1997 PLC (C.S.) 121; Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department and others 1997 SCMR 169 = 1997 PLC (C.S.) 123; Hafiz Khalid Irshad v. Ahmad Khan Wattoo and others 1997 SCMR 1124; Malik Irshad Ahmad v. The Chief Minister, Punjab, Lahore and others 1994 PLC (C.S.) 836; Mst. Naseem Saddique v. District Education Officer (W) Sahiwal and others '1991 MLD 2214; Muhammad Shafique v. Director Education (S.E.) and others 1997 PLC (C.S.) 197; Munshi Muhammad Azam v. A.C. and others 1996 PLC (C.S.) 415 and Pir Sabir Shah v. Federation of Pakistan and others PLD 1994 SC 738 rel. (c) Punjab Civil Servants Act (VIII of 1974)- ----S…
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