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Petitioner: NISAR AHMAD VS Respondent: GOVERNMENT OF THE PUNJAB
1992 P L C (C
1992 P L C (C.S.) 1020
[Lahore High Court]
Before Irshad Hasan Khan, J
NISAR AHMAD
versus
GOVERNMENT OF THE PUNJAB and another
W.P. No. 3905 of 1992, decided on 4th May, 1992.
(a) Civil service-
-- Transfer---Civil servant is liable to be transferred anywhere in exigencies of service.
Allah Rakha v. Government of the Punjab 1980 PLC (C.S.) 397 rel.
(b) Punjab Civil Servants (Efficiency and Discipline) Rules, 1975---
----R.2(d)---Misconduct---Civil servant would be committing misconduct by bringing political or other outside influence directly or indirectly to bear on the Governor, Chief Minister, a Minister, or any other Government Officer in respect of any matter relating to appointment, promotion, transfer, punishment, retirement or other conditions of service of a civil servant.
(c) Civil service---
---- Administrative decision---Head of Department would be duty bound to ensure that no order in violation of law and relevant rules was passed by his subordinates---Cases involving departure from Rules, Regulations or Government Policy---Obligation of Secretary to Government stated.
It was also obligatory on the Secretary to re-submit the case to the Minister inviting his attention to the relevant Rules, Regulations and the Government Policy where the Minister's order appeared to involve a departure from the Rules, Regulations or Government Policy and if the Minister still disagrees with the Secretary, the Minister would refer the case to the Chief Minister for orders. The Secretary of the Department being responsible for the careful observance of the rules in his Department, while submitting a case for the orders to the Minister was also duty bound to suggest a definite line of action in conformity with the Rules, Regulations/Government Policy, as the case may be, and failure to do so makes him liable for a suitable departmental action by the competent Authority in accordance with law.
(d) Constitution of Pakistan (1973)---
----Art. 199---Punjab Government Rules of Business, 1974---Conduct of business of Provincial Government---Government Rules of Business made pursuant to Art. 139 of the Constitution must be strictly adhered to, by all concerned---Obedience to Constitution and law is inviolable obligation of every citizen wherever he may be---Aggrieved person could seek appropriate direction in appropriate proceedings before appropriate forum against any action enforceable in law prejudicial to his interest---Where functionary of Government viz. Minister had abused powers vested in him in the discharge of his official functions, his action would be open to challenge before appropriate forum in appropriate proceedings in accordance with law.
(e) Civil service---
---- Administrative decision---Transfer of civil servant by order of Minister as a sequel of political pressure---Remedy---Civil servant concerned, if so advised could approach Secretary of Department for redress of his grievance---if departmental representation was made by civil servant, same would be disposed of justly, fairly, equitably and in accordance with law by competent Authority. ? Muhammad Iqbal for Petitioner.
?Farooq Bedar, Addl. A.-G. for Respondent (on Court's call).