| Citation(s) |
|---|
| 2006 SLG 1805 2006 SLD 1805 2006 PLC 989 |
Lahore High Court
Writ Petition No.1890 of 2006, decision dated: 25-04-2006.
MUHAMMAD, JAHANGIR ARSHAD, J
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Writ Petition No.1890 of 2006, decision dated: 25-04-2006.
MUHAMMAD, JAHANGIR ARSHAD, J
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MUHAMMAD YAR PATWARI
VS
DISTRICT COORDINATION OFFICER, SAHIWAL and 3 others MUHAMMAD YAR PATWARI vs DISTRICT COORDINATION OFFICER, SAHIWAL and 3 others
Law:
Section:
Constitution of Pakistan (1973)------Arts .199 & 212(2)---Constitutional petition---Civil service---Objection to transfers in succession within a period of two months through constitutional petition---Maintainability---Bar as contained in Art.212 of the Constitution was applicable on matters of postings/transfers, however High Court in the interest of justice condemned the directions issued by Chief Minister of the Province and act of Additional Secretary (Admn.) conveying such oral directions of Chief Minister telephonically to the subordinate authorities for making transfers/postings/adjustments of his own choice in violation of both tenure policy of the Government and rule that government servant should comply only with those orders/directions of his superior which were legal and within his competence---Civil servant's repeated transfers from one place to another in a span of few months by order of Minister concerned and carrying out of such orders obediently by Secretary of the Department concerned was highly unethical and undesirable---High Court disposed of the Constitutional petition accordingly Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development Lahore and 2 others PLD 1995 SC 530 and Abdul Rehman Shaukat v. Sardar Muhammad Akram Javed, District Officer (Revenue), Kasur PLD 2004 Lah. 815 ref. Iqbal Hussain Pawar Hajwari for the Petitioner. ORDER MUHAMMAD JAHANGIR ARSHAD, J.---The petitioner who is Patwari in the Revenue Department and is aggrieved of his transfers in succession within a period of last less than two months through the instant Constitutional Petition has prayed for setting aside his transfer order dated 3-4-2006. 2. The brief facts of the case are that an order for mutual transfer between Muhammad Ayub Patwari Halqa 65-A/G.D and Ghulam Farid Patwari Halqa 94/9-L was passed by the Deputy District Officer (Revenue), Sahiwal on 15-11-2005. Similarly the petitioner Muhammad Yar was transferred from Tibi Jay Singh to Halqa 95/6-R against a vacant post vide order dated 15-2-2006. Later on the Executive District Officer (Revenue), Sahiwal vide order dated 25-2-2006 modified the earlier order dated…
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