1992 PLP (C (PLC(CS))
Raja MUHAMMAD AFZAL Versus SECRETARY EDUCATION, GOVERNMENT
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Gul Zarin Kiani, J |
| Parties | Raja MUHAMMAD AFZAL Versus SECRETARY EDUCATION, GOVERNMENT |
| Primary Law | (f) Constitution of Pakistan (1973), (d) Constitution of Pakistan (1973), (e) Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: (f) Constitution of Pakistan (1973), (d) Constitution of Pakistan (1973), (e) Constitution of Pakistan (1973), (c) Rule of law, (b) Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Gul Zarin Kiani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (Raja MUHAMMAD AFZAL Versus SECRETARY EDUCATION, GOVERNMENT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Pasha Chaudhry for Petitioner.
- Irfan Qadir, Addl. A.-G for Respondents on Court's call.
Headnotes / Summary
(a) Public administration...
Increasing political interference
Effect
Rapidly increasing political interference with administrative matters relating to services was fast eroding discipline in them and was adversely affecting their efficiency and capacity to perform their public duties independently.
Transfer of civil servant was mala fide when it was made not for professed purpose, such as in normal course or in public or administrative interest or in the exigencies of service, but for other purpose i.e. to accommodate another person for undisclosed reasons.
Basic principle
Basic principle of rule of law and good administration is that administrative actions should be just and fair.
Art. 199
Petitioner, civil servant seeking assistance of Member of the National Assembly to approach Education Minister for transfer at specified place
Respondent was aided by a Provincial Minister, an M.NA. and M.P.A for rescission of his transfer order and holding on his post at specified place
Locus standi to invoke Constitutional jurisdiction
High Court expressed its reluctance to interfere with a matter which was part of terms and conditions of service falling for its resolution in a jurisdiction left by .law for others
Petitioner having himself set the ball rolling by utilizing political influence and pressure to gain advantage, interference on his behalf would not be just for perpetuating his gain, though respondent also acted similarly to stick to his post.
Art. 199
Constitutional jurisdiction in administrative matters
Scope-- High Court would come to the aid of victims of administrative tyranny, to scrutinise the matter and in a deserving case was prone to give relief to the oppressed and victimized persons.
Art. 199
Matter of transfer and conduct of inquiry of petitioner and respondent was left to the good judgment of competent authority, which, it was expected would not go unnoticed by it in the interest of service discipline itself
High Court, having left the matter to the good judgment of competent authority, declined interference in matter relating to transfer and inquiry of petitioner and respondent.
Judgment & Decree
Transfer of civil servant was mala fide when it was made not for professed purpose, such as in normal course or in public or administrative interest or in the exigencies of service, but for other purpose i.e. to accommodate another person for undisclosed reasons. (c) Rule of law
Basic principle
Basic principle of rule of law and good administration is that administrative actions should be just and fair. (d) Constitution of Pakistan (1973)
Art. 199
Petitioner, civil servant seeking assistance of Member of the National Assembly to approach Education Minister for transfer at specified place
Respondent was aided by a Provincial Minister, an M.NA. and M.P.A for rescission of his transfer order and holding on his post at specified place
Locus standi to invoke Constitutional jurisdiction
High Court expressed its reluctance to interfere with a matter which was part of terms and conditions of service falling for its resolution in a jurisdiction left by .law for others
Petitioner having himself set the ball rolling by utilizing political influence and pressure to gain advantage, interference on his behalf would not be just for perpetuating his gain, though respondent also acted similarly to stick to his post. (e) Constitution of Pakistan (1973)
Art. 199
Constitutional jurisdiction in administrative matters
Scope-- High Court would come to the aid of victims of administrative tyranny, to scrutinise the matter and in a deserving case was prone to give relief to the oppressed and victimized persons. (f) Constitution of Pakistan (1973)
Art. 199
Matter of transfer and conduct of inquiry of petitioner and respondent was left to the good judgment of competent authority, which, it was expected would not go unnoticed by it in the interest of service discipline itself
High Court, having left the matter to the good judgment of competent authority, declined interference in matter relating to transfer and inquiry of petitioner and respondent. Zafar Pasha Chaudhry for Petitioner. Irfan Qadir, Addl. A.-G for Respondents on Court's call.