1991 PLP 2016 (MLD)

Representation

• Manzur Qadir for Petitioner.
• Maqbool Elahi Malik A.-G. with Rana Muhammad Arif, AA.-G. for Respondent No. 1.
• Ch. Muhammad Ashraf for Respondents Nos.2 and 3.
• Vide the preceding order which with a view to avoiding repetition is to be read in conjunction herewith, learned Advocate-General, Punjab was required to produce record from the Chief Secretary's office in order to examine official version of the alleged incident including transfer of the within mentioned two Police Officials, for which he sought time in the morning, shortly whereafter, Rana Muhammad Arif, learned AA.-G. tendering two notifications of the Government of the Punjab, Services General Administration and Information Department Nos.S.O.(S-11)2-2/91, S.O.(S-11)2-2-91-1 dated 17th June, 1991 and 19th June, 1991 under the hands of Shahid Rashid, Deputy Secretary (Services) tending to transfer and replace services of the former I.-G. Police, Punjab and that of former S.P. Traffic, Lahore, at the disposal of Establishment Division, Government of Pakistan with immediate effect, and posting the present I.-G. Police, Punjab in place of the former; respectively, submitted that as per telephonic instructions of the Chief Secretary Punjab save for the notifications referred to supra, there exists no other order on any of the files of the Chief Secretary, Government of the Punjab, in this behalf. Astonished by the stance, learned A.A: G. was asked to-put in an affidavit of the Chief Secretary on this count. Pursuant whereto, the learned Advocate-General entered appearance and vouching the posture adopted by the learned A.A.-G. submitted that his statement at the Bar be treated as statement of the Chief Secretary, which apart from its naivety sounds incredibly pedantic and un-government like for the reason that obviously a Deputy Secretary is not competent to transfer and repatriate I.-G. Police or a Superintendent of Police through a notification without orders of the competent authority, minutes of whose initial verbal orders ought to have committed to writing for procuring back dated approval, production whereof is presently being avoided and is amenable to the sole irresistible pregnant inference that if produced would have adversely reflected on the obtaining situation, specially when visualised through the binoculars of the statement made by the Chief Executive of the country qua the event in question which appeared as banner line of all the leading newspapers viz. the transfers have culminated out of pressurisation, factum whereof till date has remained uncontroverted, thus its judicial notice can be taken, and syllogistically speaking seems to suffer from the inherently incurable jurisdictional fact viz. exigency of service thus is devoid of any legal sanction for having been illicitly conceived out of extraneous considerations, a notion utterly alien to the law.

Headnotes / Summary

Judgment & Decree