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Petitioner: MUHAMMAD YOUSUF VS Respondent: DEPUTY EDUCATION OFFICER
Court Name: Lahore High Court Judge(s): Irshad Hasan Khan Title: MUHAMMAD YOUSUF vs DEPUTY EDUCATION OFFICER Case No.: Writ Petition No.11041 of 1992 Date of Judgment:1992-11-18 Reported As: 1994 PLC (C.S.) 704 Result: Petition dismissed
Judgment ORDER Challenge has been made in this Constitutional petition to the order dated 12-9-1992 passed by the Deputy District Education Officer, Tehsil Nankana Sahib, District Sheikhupura, whereby, by mutual transfer Muhammad Yusuf, PTC Teacher, petitioner herein, has been transferred from Government Primary School, Chah Talgera to Government Primary School, Bothan Garh. 2. Learned counsel for the petitioner challenges the impugned order on the following grounds:-- (a)That the impugned transfer order is void having been passed by the respondent No.3 with mala fide and ulterior motive in order to pressurise petitioner. (b)That the impugned transfer order has been passed on the basis of a bogus application for mutual transfer on which petitioner's signatures have been forged by respondent No.3. (c)That the impugned transfer has not been made in the public interest. 3. The question whether the petitioner agreed to the mutual transfer or the same has been made on the basis of a bogus application, is a question of fact which cannot be determined in these proceedings The petitioner may, if so advised, approach the District Education Officer, Sheikhupura for redress of his grievance. Furthermore, the matters relating to transfer of Government servants are not open to scrutiny by means of a Constitutional petition. Refer Nazir Hussain, (Ex-Director Excise and Taxation), Administrative, Auqaf, N.-W.F.P., Peshawar v. N.-W.F.P, through the Chief Secretary/Secretary Services & General Administration Department, Government of N.-W.F.P., Peshawar etc. 1992 SCM R 1843; Allah Rakha v. Government of the Punjab 1980 PLC (C.S.) 397 and Syed Afzal Ahmad Hydari v. Secretary, Defence Production Division, Ministry of Defence, Rawalpindi 1991 SCM R 477. Resultantly, the writ petition fails and is hereby dismissed in limine.