Law:

Section:

(a) Public Functionaries-------- Order passed by pubic functionaries---Principles---Public functionaries are not supposed to pass order in arbitrary and capricious manner or in a fashion which may bring the result of victimization. (b) Punjab Civil Servants Act (VIII of 1974)--- ----S.9---Constitution of Pakistan (1973), Art. 212(3)---Transfer---Non­compliance of transfer policy---Grievance of civil servant was that he was transferred before completion of normal period---Transfer order was maintained by Service Tribunal---Validity---Civil servant could not claim posting at a particular station or at the place of his choice---Competent authority under S.9 of Punjab Civil Servants Act, 1974, was empowered to transfer any civil servant from one place to another at anytime in exigencies of service or on administrative ground---Civil servant having been transferred on administrative ground, such order was not in violation of the transfer policy---Supreme Court declined to take any exception to the passed by Service Tribunal---Leave to appeal was refused. Muhammad Aslam Uns, Advocate Supreme Court and Imtiaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents Date of hearing: 4th June, 2003. ORDER MUHAMMAD NAWAZ ABBASI, J---Leave in this petition is sought against the judgment dated, 9-1-2003 passed by the Punjab Service Tribunal Lahore in service appeal wherein the order dated 25-7-2002 passed by the Secretary, Government of Punjab Health Department of transfer of the petitioner was challenged. The petitioner was posted as Chemical Examiner at Multan and was transferred for administrative reasons because of serious criticism in press on the report of the Chemical Examiner in a rape case. The appeal was dismissed by the Tribunal with the observation that posting of the petitioner at a particular station was not his legal right and that the transfer on administrative grounds was not a punishment or stigma. The Tribunal, however, observed that the use of incident of transfer for initiation of the departmental proceedings would be an administrative excess. Learned counsel for the petitioner has contended that the transfer of the petitioner was neither…

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