Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUHAMMAD AFZAL VS Respondent: SECRETARY EDUCATION, GOVERNMENT OF THE PUNJAB, LAHORE
1992 P L C (C
1992 P L C (C.S.) 117
[Lahore High Court]
Before Gul Zarin Kiani, J
Raja MUHAMMAD AFZAL
Versus
SECRETARY EDUCATION, GOVERNMENT OF THE PUNJAB, LAHORE and 2 others
Writ Petition No.7178 of 1991, decided on 28th August, 1991.
(a) Public administration...
----Increasing political interference---Effect---Rapidly increasing political interference with administrative matters relating to services was fast eroding discipline in them and was adversely affecting their efficiency and capacity to perform their public duties independently.
(b) Civil service-----
---- Transfer---Mala fides---Transfer of civil servant was mala fide when it was made not for professed purpose, such as in normal course or in public or administrative interest or in the exigencies of service, but for other purpose i.e. to accommodate another person for undisclosed reasons.
(c) Rule of law-----
---- Basic principle---Basic principle of rule of law and good administration is that administrative actions should be just and fair.
(d) Constitution of Pakistan (1973)-----
----Art. 199---Civil service---Petitioner, civil servant seeking assistance of Member of the National Assembly to approach Education Minister for transfer at specified place---Respondent was aided by a Provincial Minister, an M.NA. and M.P.A for rescission of his transfer order and holding on his post at specified place---Locus standi to invoke Constitutional jurisdiction---High Court expressed its reluctance to interfere with a matter which was part of terms and conditions of service falling for its resolution in a jurisdiction left by .law for others---Petitioner having himself set the ball rolling by utilizing political influence and pressure to gain advantage, interference on his behalf would not be just for perpetuating his gain, though respondent also acted similarly to stick to his post.
(e) Constitution of Pakistan (1973)---
----Art. 199---Constitutional jurisdiction in administrative matters ---Scope-- High Court would come to the aid of victims of administrative tyranny, to scrutinise the matter and in a deserving case was prone to give relief to the oppressed and victimized persons.
(f) Constitution of Pakistan (1973)---
----Art. 199---Civil service---Matter of transfer and conduct of inquiry of petitioner and respondent was left to the good judgment of competent authority, which, it was expected would not go unnoticed by it in the interest of service discipline itself---High Court, having left the matter to the good judgment of competent authority, declined interference in matter relating to transfer and inquiry of petitioner and respondent.
Zafar Pasha Chaudhry for Petitioner.
Irfan Qadir, Addl. A.-G for Respondents on Court's call.