Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--S..9---Punjab Service Tribunals Act (IX of 1974), S. 4---Constitution of Pakistan (1973), Art. 212---Civil service---Withdrawal of posting order of respondent---Respondent's appeal against withdrawal of his posting order was accepted with direction that he should not be further transferred except in accordance with rules and transfer policy---Validity---Order of transfer with which petitioner felt aggrieved was passed on 11-11-1996---Petitioner made representation against said order to next higher Authority i.e. the Governor on 'following day i.e. 12-11-1996 and proceeded to file appeal before Service Tribunal on 13-11-1996 without allowing period of 90 days to expire as per requirement of proviso to S.4, Punjab Service Tribunals Act, 1974---Appeal filed by respondent before Service Tribunal was, thus, premature and was not maintainable when filed---Service Tribunal, however, was not alive to such matter---Impugned of Service Tribunal was, thus, not sustainable in law---Petition for leave to appeal was converted into appeal and allowed--­Judgment in question, was set aside leaving it open to respondent to file fresh appeal before Service Tribunal in accordance with law. Talaat Farooq Sheikh, Advocate Supreme Court for Petitioner. Ch. Muzammal Khan, Advocate Supreme Court with Mahmoodul Islam, Advocate-on-Record for the Caveator/Respondent No.3. Date of hearing: 19th February, 1997. ORDER ZIA MAHMOOD MIRZA, J. ---Petitioner, an Assistant Executive Engineer/S.D O. in the Department of Irrigation, Government of Punjab has filed this petition for leave to appeal-against the judgment of the Punjab Service Tribunal dated 8-11997 whereby appeal filed by Imtiaz Akbar Bhatti S.D.O. against an order of the Secretary to Government of the Punjab, Irrigation Department dated 11th November, 1996 withdrawing the posting order of the said respondent as S.D.O. at Marala Headworks Sub-Division, was accepted with further direction that "he shall not be further transferred accept in accordance with the rules and transfer policy". 2. We have heard the learned counsel for the petitioner as also the learned counsel appearing for respondent…

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