2009 PLP (C (PLC(CS))

AMIR HANI MUSLIM, J.

Mr. Irfanullah, Advocate had filed memorandum of appearance of Mr. Jawaid Farooqi, Advocate, for the defendant No.3, Mr. Fazlur Rehman, Federal Counsel is on Court notice and represents defendant No.1. Both the learned counsel for the defendants Nos.1 and 3 seek time to file written statements, and counter-affidavits on behalf of their respective parties. It has been contended by learned counsel for the plaintiff that the plaintiff was transferred to Karachi as Additional Commissioner, Income Tax Department, (Regional Tax Office), Karachi. On his joining the office he was assigned three inquiries, two were against Deputy Collector Customs and one was against Deputy Commissioner, Income Tax. These inquiries were assigned to the plaintiff in terms of the provisions of Removal from Service (Special Powers) Ordinance, 2000. Once the plaintiff started conducting the inquiries, the officers who were facing the inquiries started exerting their influences which resulted in the transfer of the plaintiff four times since August, 2008, which includes his transfer from Karachi to Islamabad and again to Karachi. According to the learned counsel for the plaintiff the exercise of powers conferred upon the authorities to transfer a Government Officer has to be exercised on merits and excessive exercise of any power falls within the phrase of "abuse of authority". He has relied upon the judgment of Honourable Supreme Court in the case of Director-General, Health Service v. Nazakat Iqbal Karim 2000 SCMR 67, in which their Lordships have held that indiscriminate and repeated transfer orders and cancellation of such transfer orders of civil servants without rhyme or reason are against the canons of justice. Since both the learned counsel for the defendants Nos.1 and 3 request for adjournment, the matter is adjourned to 28-11:2008. The plaintiff has been transferred four times since August, 2008, which ex facie, appears to be violative of the principle of policy governing the transfer of the Government servants. Such indiscriminate actions could be taken note of by the Courts. A case of ad interim injunction has been made out. I, therefore, suspend the order of defendant No.1 transferring the plaintiff from Additional Commissioner (Enforcement) Regional Tax Office, Karachi to Additional Director, Directorate-General of Internal Audit (Income Tax), Karachi and the plaintiff will continue to hold his office as Additional Commissioner(Enforcement) Regional Tax Officer, Karachi. No further transfer would be ordered by the defendants during the pendency of this application. The above order has been passed in presence of the counsel for the defendants Nos. 1 and 3, who will intimate this order of the Court to the relevant authorities for compliances. To come up on 28-11-2008. H.B.T./M-138/K Order accordingly.