Law:

Section:

Punjab Service Tribunals Act (IX of 1974)------S. 4---Punjab Civil Servants Act (VIII of 1974), S.9---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan (1973), Arts. 199 & 4--- Constitutional petition---Transfer order---Inaction of public functionaries---Petitioner filed representation before the Authority against order of his transfer, but the Authority having not decided same, despite a considerable time had passed, petitioner had to file Constitutional petition against order of his transfer---Held, it was the duty and obligation of public functionaries to decide representation/ appeal of their subordinates without fear, favour, nepotism with reason and within reasonable time as was envisaged by Art.4 of the Constitution and S.24-A, General Clauses Act, 1897---No-body should be penalized by inaction of public functionaries and in case manner of exercising of powers was in violation of law, that would be termed as mala fide---High Court had ample jurisdiction to give direction to public functionaries to act strictly in accordance with law in view of Art. 4 of Constitution while exercising powers under Art.199 of the Constitution---Authority was directed to decide representation/appeal of petitioner in accordance with law after providing proper hearing to parties. Ahmad Latif Qureshi v. Controller of Examination, Board of Intermediate PLD 1994 Lah. 3; Government of West Pakistan and others v. Begum Agha Abdul Karim Shorish Kashmiri PLD 1969 SC 14; M/s. Airport Support Service's case 1998 SCMR 2268; H. M. Rizvi and 5 others v. Maqsood Ahmad and 6 others PLD 1981 SC 612 and Province of Sindh through Chief Secretary Sindh Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325 ref. Muhammad Arif Raja for Petitioner. Muhammad Hanif Khatana, Addl. A.-G. for Respondents (on Court call). ORDER The brief facts out of which present writ petition arises are that the respondents transferred the petitioner on 1-10-2004. The petitioner being aggrieved filed representation before respondent No.1 who did not decide the same. The petitioner being aggrieved filed Constitutional Petition No.16306 of 2004, which was disposed of by this Court vide order…

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