Full Judgment Text & Judicial Ruling

2008 P L C (C

2008 P L C (C.S.) 75

[Lahore High Court]

Before Syed Jamshed Ali, J

Dr. Kh. MUHAMMAD ANIS

Versus

SARDAR SHER AFGHAN, ADDITIONAL SECRETARY (ADMN.), CHIEF MINISTER'S SECRETARIAT, PUNJAB, LAHORE and 5 others

Writ Petition No.19714 of 2004, decided on 8th December, 2004.

Constitution of Pakistan (1973)---

----Arts. 199 & 212---Constitutional petition---Civil service---Transfer---Petitioner had challenged his transfer order on the grounds that same had been passed on the direction of the Additional Secretary (Administration) of the Chief Minister's Secretariat; that it had not been passed in exigency of the service and that the post from which he had been dislocated was in BS-19, while respondent who had been posted in his place was in BS-18---On the grounds urged by the petitioner, order of his transfer could not be interfered with on account of the bar of Art.212 of the Constitution---Contention of petitioner that his petition was in the nature of quo warranto, 'was repelled because petitioner being a person aggrieved of his dislocation court was not satisfied of the bona fides of his petition insofar as the alternate oral prayer for treating the petition as a writ of quo warranto was concerned---Petition was dismissed as not maintainable before the High Court.

Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 ref.

A.D. Naseem for Petitioner.

ORDER

SYED JAMESHED ALI, J.--- The petitioner, a civil servant, is aggrieved of the order of his transfer. It is contended that the said order has been passed on the direction of the Additional Secretary (Administration), of the Chief Minister's Secretariat. Also that it has not been passed in exigency of the service. It is next contended that the post from which the petitioner has been dislocated is in BS-19 while respondent No.6, who has been posted in place of the petitioner; is in BS-18.

2. The submissions made by the learned counsel for the petitioner have been considered. Even on the grounds urged before this Court, an order of transfer cannot be interfered with on account of the Bar of Article 212 of the Constitution. Reference may be made to the rule laid down in Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530.

3. When confronted, with this legal position the learned counsel for the petitioner submits that this petition is in the nature of quo warranto. This submission has also been considered. Since the petitioner is a person aggrieved of his dislocation, I am not satisfied of the bona fides of the petition insofar as the alternate oral prayer for treating this petition as a writ of quo warranto is concerned.

4. This petition is accordingly, dismissed as not maintainable before this Court. The petitioner shall be at liberty to assail the impugned order before the appropriate forum.

H.B.T./M-456/L Petition dismissed.

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