Law:

Section:

(a) North-West Frontier Province Service Tribunals Act (I of 1974)-------S.4---North-West Frontier Province Civil Servants Act (XVIII of 1973), S.4---Constitution of Pakistan (1973), Art.212(3)---Appeal against transfer order passed at behest of Minister of Education---Refusal of civil servant to comply with illegal orders of Minister---Service Tribunal accepted appeal of civil servant---Validity---Education District Officer at the direction of Minister had required civil servant to settle leave account of an Officer, who had remained absent from duty for about 3 years without prior approval of competent authority---Leave account could not be maintained as per whims and wishes of Minister, but relevant leave rules were to be followed---Civil servant could not be punished for his refusal to act illegally, rather his moral courage should be appreciated---Where order passed by departmental authority was mala fide, then Service Tribunal would have jurisdiction to interfere and set aside the same--Service Tribunal had set right manifest injustice---No question of law of public importance was involved---Supreme .Court dismissed petition and refused to grant leave to appeal. Riaz Hussain v. State 1986 SCMR 1534; Secretary Finance, Government of Punjab v. Mian Ghulam Bari 1984 SCMR 642 and Zahid Akhtar v. Government of Punjab PLD 1995 SC 530 rel. (b) North-West Frontier Province Civil Servants (Efficiency and Discipline) Rules, 1973--- ---Rr. 3 & 4-Wilful absence from duty---Effect---Such absence would amount to misconduct and on its basis, major penalty of dismissal from service could be imposed. (c) North-West Frontier Province Service Tribunals Act (I of 1974)--- ---S. 4---Transfer order, appeal against---Maintainability---Transfer of any civil servant could be made by competent authority in the exigency of service and pubic interest---Civil servant had no legal right to remain posted at a particular place---Transfer order, if mala fide and made for extraneous considerations to accommodate some blue-eyed chap, then matter would squarely fall within jurisdictional domain of Service Tribunal. (d) North-West Frontier Province Service Tribunals Act (I of 1974)--…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492