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Petitioner: HAFIZ ABDUL RASHID VS Respondent: SECRETARY COMMUNICATIONS
1992 P L C (C
1992 P L C (C.S.) 1361
[Lahore High Court]
Before Tanvir Ahmed Khan, J
Hafiz ABDUL RASHID
Versus
SECRETARY, Communications and Works and another
W.P. No. 1046 of 1992, decided on 16th February, 1992.
Civil service---
---- Constitution of Pakistan (1973), Art. 199---Transfer---Validity---Two officers, petitioner and respondent were busy in securing places of-postings of their own choice for a long time---Within span of 7/8 months nine orders had been passed by Authority while three directives had been issued by Chief Minister's Secretariat in respect of said two officials---Speed with which Authority had passed orders of postings/transfers of two contesting officers would certainly generate frustration and despondency in service structure-- High Court expressed its dissatisfaction with such state of affairs and copy of its order to that effect was sent to Chief Secretary for necessary action to avert such like recurrence.
In the present case two officers of the rank of SDO for the last about 9 months were involved in securing places of postings of their own choice. The exchequer was being burdened unnecessarily for the expenses, which were being incurred on the maintenance of their offices without any substantive work on their part. In a short span of 7/8 months 9 orders had been passed by Authority while three directives had been issued by the Chief Minister's Secretariat. Had the Chief Minister been apprised of all these orders and the facts of this case, he would not have issued successive directives. Some serious exercise has to be done in this regard and the postings/transfers in such like cases was to be discouraged. The speed with which the Secretary of the Government had passed the orders of postings/transfers of officers in the present case would certainly generate frustration and despondency in the service structure. It is the dire need of the day that this race of getting stations of one's own choice be discouraged and provisions relating to service laws/rules must be adhered to in letter and spirit which only postulate transfer on sound administrative reasons and nothing else. Since both the parties had secured favourable orders through exercise of political pressure as such Constitutional petition was dismissed in limine.
Syed Jamshed Ali for Petitioner.
Muhammad Rashid Malik for A.-G. for Respondent No. 1.
Sardar Asif Saeed Khan Khosa for Respondent No. 2.