1991 PLP (C (PLC(CS))

S. 9

Transfer

A civil servant is liable to be posted anywhere and he has no vested right to serve at a particular station. Ch. Muhammad Ishaque Wahlah for Petitioner. The petitioner through this Constitutional petition has prayed for declaration that impugned orders dated 25-3-1990 and 31-3-1990 of his transfer are illegal and without lawful authority.

2. The relevant facts are that the petitioner is serving as A.V.C. at Kot Radha Kishan. He was ordered to be transferred to Lalugudhar vide order dated 31-3-1990. It is submitted that this transfer is illegal, mala fide and orders have been passed at the behest of the Minister.

3. The learned counsel for the petitioner in support of the petition has argued that the Minister has no jurisdiction to interfere in the transfer of the petitioner. It is added that there is a complete ban on the transfers, therefore, the impugned order is illegal. The arguments are concluded with the submission that there is no inquiry pending against the petitioner.

4. I have given my anxious consideration to the arguments of the learned counsel for the petitioner and gone through the record. The petitioner has relied on the circulars dated 18-9-1989 and 4-1-1990 to submit that there is a ban on transfers. The argument is clearly misconceived because these circulars were superseded and a new policy enforced vide circular dated 18-3-1990, according to which transfer can only be made after prior permission of the concerned Minister. In this case, the Minister has accorded the approval vide memo. dated 25-3-1990. This will dispose of the objection as to the jurisdiction of the Minister as well as to the ban on the transfers. There is no merit in both these points. The Minister has simply accorded permission on the move of the competent authority.

5. The other argument was that the petitioner has not yet completed three years at the present place of posting, therefore, in accordance with transfer policy he could not have been transferred. In this behalf, the learned counsel has referred to para. 5 of the policy. It is provided that no transfer shall `normally' be made except in the circumstances, which included disciplinary grounds. It is clear from the letter dated 25-3-1990, that there were complaints against the petitioner and inquiry was also going on. The learned counsel for the petitioner, however, submitted that there was no inquiry pending against him. He was asked to refer to petition where he has taken up this position. He failed to lay his hands on any such submission in the writ petition.

6. The petitioner is a civil servant and in accordance with section 9 of the Punjab Civil Servants Act, 1974, he is liable to be posted anywhere. He has no vested right to serve at a particular station. There is neither any violation of law or rules warranting interference in the Constitutional jurisdiction.

7. The result is that there is no merit in this petition. The same is dismissed in limine. M.Y.H./F-216/L Appeal dismissed.