Law:

Section:

North-West Frontier Province Service Tribunals Act (I of 1974)--S. 4---Constitution of Pakistan (1973), Art. 212(3)---Transfer of civil servant---Interference by Service Tribunal---Scope---Indiscriminate and repeated transfer orders and cancellation of such transfer orders of civil servants had been made by the Authorities irrespective of the consideration of public interest--­Orders of transfer passed by Authorities indiscriminately without rhyme or reason were found to be mala fide, arbitrary, against the canons of justice, equity and fair play by Service Tribunal which were rightly cancelled---Leave to appeal against said orders of the Service Tribunal was declined by Supreme Court. Transfer of a civil servant is an incidence of service. Nonetheless, if either it is the outcome of the mala fides, or is otherwise arbitrary, violative of the principle of policy governing the transfer of civil servants or is against the canons of justice, equity, fair play then it can be interfered with by the Tribunal inasmuch as the transfer is one of the terms and conditions of civil service. No doubt allegations of mala fides are easy to allege but difficult to prove. At the same, however, one should not lose sight of the fact that element of male fides can be inferred from the conduct of the functionary of the Government passing the order. In the present case, therefore, looking to the indiscriminate numerous transfer orders, the inference was rightly drawn by the Tribunal that the transfers were tainted with mala fides although the element of bad faith was not floating on the surface of the record. Nonetheless it could not be ignored by going through the record and taking note of indiscriminate transfer order after every 2/3 months. It is disquieting to note that within a period of a year or two, the transfer orders and cancellation of such transfer orders had been made by the authorities irrespective .of the considerations of public interest. The orders of transfer passed indiscriminately without any rhyme or reason obviously were found to be mala fide, arbitrary, against the canons of justice, equity and fair play. The Service Tribunal had, therefore, rightly cancelled…

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