Case Details

Citation(s)
1991 SLG 420 1991 SLD 420 1991 PLC 524
Lahore High Court
Writ Petition No. 6852 of 1990, heard on 3rd December, 1990.
IHSAN-UL-HAQ CHAUDHRY, J

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ASIF ALI

VS

PROVINCE OF PUNJAB and others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--- ----S. 9---Constitution of Pakistan (1973), Art. 199---Transfer---Transfer recommended by Minister valid even if ban had been imposed by Government--­Petitioner, a Patwari challenging his transfer from one Halqa to another Halqa on recommendation of Minister---Respondent in whose place petitioner was transferred represented that he was posted at a distant place from home and his request having found favour with Minister, Minister recommended transfer in place of petitioner---Petitioner failed to show any violation of Law or Rules--­Interference declined in Constitutional petition. Ch. Muhammad Ilyas Kamal for Petitioner. Rana Muhammad Arshad Addl. A.-G. with Muhammad Rafi Siddiqui for Respondents. Date of hearing: 3rd December, 1990. JUDGMENT The petitioner is serving as a Patwari in Irrigation Department. He was transferred from Halqa Chak Chaudhary to Halqa Tondey vide order dated 18-9-1990. The petitioner has challenged this order through this Constitutional petition; which was admitted to regular hearing and notices were issued to the respondents, who have entered appearance and contested the petition. 2. The learned counsel for the petitioner in support of the petition has argued that the respondent No. 3 had no jurisdiction to order transfer of the petitioner, therefore, the order is bad in law. 3. On the other hand, learned Addl. A: G.…
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