Law:

Section:

(a) Mala fides------- Mala fides must he specifically pleaded, clarified and explained so that its nature was known which could then be subject to scrutiny by the Court. (b) Civil service--Transfer of civil servant---Public interest---Not necessary that in transfer order, detail must be given to justify that it was made in the interest of public at large---Transfer orders which are passed in the discretion of the Competent Authority cannot be challenged in routine on flimsy grounds but if such orders are impugned on the basis of mala fides or ulterior motive, then those must be specifically alleged and established from some material on record. Secretary to Government of Punjab Health Department v. Miss Sarwar Jehan Haq 1996 SCMR 374 ref. Khushdil Khan Mohmand, Advocate Supreme Court and M. Zahoor Qureshi Azad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 4th August, 1999. ORDER ABDUR REHMAN KHAN, J.---This petition impugns the correctness of the judgment of the learned Service Tribunal delivered on 17-5-1999; whereby, the appeal preferred by the petitioner against the order of her transfer, dated 19-11-1998, was dismissed. 2. The factual aspect of the case, as narrated in the memo: of appeal before the N.-W.F.P. Service Tribunal, is that the petitioner got employment on the recommendation of the Public Service Commission in Health Department as Woman Medical Officer in BPS-17 and was initially posted at Children Hospital, Haji Camp at Peshawar. When on 15-10-1995, she was promoted to Grad-18, then she was transferred to Post Graduate Medical Institute, L.H.R., Peshawar but later on, on shifting of the unit where she was employed to Hayat Abad Medical Complex her services were also transferred there. It was on 27-7-1998, that she was transferred, to Rural Health Centre Kiri Shamozai, District D.I. Khan against a vacant post of BPS-17. Petitioner challenged the said transfer order in the Service Tribunal, but during the proceedings before the Tribunal the transfer order was modified on 11-9-1998 and she was shifted to Civil Hospital, Thana Malakand Agency. This subsequent transfer order was challenged before the Tribunal on the ground…

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