Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Transfer of civil servant from one place of working to another---Provincial Parliamentary Secretary on his letter pad recommended the transfer of respondent and said recommendation was also supported by two Members of Provincial Assembly---Directive was issued from Chief Ministers Secretariat, on said recommendation conveying desire on behalf of Chief Minister to allow the transfer of respondent in the light of joint recommendation of two elected representatives---Executive Engineer through impugned order issued transfer order of the respondent---Despite displeasure expressed as well as warning issued by the High Court, Chief Ministers Secretariat was continuously issuing transfer orders of the civil servants on the basis of political recommendations/pressures, whereas neither the Civil Servants Act envisaged such type of transfers nor the same was in consonance with the law declared by the Supreme Court---Law officer would direct functionaries to appear in person and submit their report and also separate explanation as to why contempt proceedings should not be initiated against them for wilfully flouting the cited decisions of the Supreme Court.    Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530; Roshan Khan v. Director School and Literacy 2007 SCMR 599 and 2006 PLC (C.S.) 989 and 2007 MLD 1481 ref. ORDER MUHAMMAD JEHANGIR ARSHAD, J.--- The record indicates that Mian Imtiaz Aleem Qureshi, Parliamentary Secretary, Zakat and Ushar, on his letter pad recommended the transfer of Riaz Hussain respondent No.4 from S.D.C., Provincial Highway, Layyah to Muzaffargarh and this recommendation was also signed/supported by two other M.P.As. namely Ahmad Yar (PP-251 Muzaffargarh) and Rai Mansab (PP-202 Multan). On the said recommendations, a directive (DS-VI)/CMS/06/AB-256 was issued from Chief Minister Punjab's Secretariat on 25-11-2006 by G.M. Sikandar, Principal Secretary to the Chief Minister, expressly conveying the desire on behalf of Chief Minister to allow the transfer of Riaz Hussain…

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