2003 PLP (C (PLC(CS))

Ch. Manzoor Hussain, District Attorney and Muhammad Saghir Abid, Assistant DEO (SE), Khanewal for Respondents. Date of hearing: 4th July, 2002. Through this appeal Rao Abdul Sattar SST/Incharge Headmaster Government High School Ali Sher Wahin, District Khanewal has challenged the impugned order dated 24‑1‑2002 with which District Coordination Officer, Khanewal transferred him to Government High School Chak No.140/10‑R, District Khanewal. He has also challenged the order dated 4‑5‑2002 with which his Departmental appeal was rejected.

2. Respondent have filed written objections. Arguments have been heard and record perused.

3. Counsel for the appellant has mainly argued that the impugned order is not sustainable because the appellant had been transferred pre‑maturely and without assigning any reason. It has further been contended that the appellant was to retire on 31‑12‑2003 on attaining the age of superannuation and as such he should have been allowed to stay at the place of his choice as per Transfer Policy. The appellant has also been subjected to political victimization.

4. The case of departmental authorities is that there were many complaints against the appellant and as such he had been shifted on administrative grounds and in the public interest. It has further been pointed out that a Civil Servant is liable to be posted anywhere in the Province and cannot claim to have remained posted at one place.

5. It has not been denied that the appellant had been transferred pre maturely. It has also been conceded that the appellant is to retire within a period of less than two years. Viewed in this context, the impugned order of transferring the appellant is against the Transfer Policy of the Government, and is, therefore, unsustainable.

6. It is correct that a Civil Servant is under obligation to serve anywhere in the Province and even out of the Province and as such the competent authority may transfer him anywhere but the competent authority must exercise its powers judiciously and in accordance with the guide lines given in the Transfer Policy issued by the Government. The competent authority has not assigned any reasons as to why the appellant, who is at the fag end for his service carrier, has been disturbed by transferring him to a new place of posting. In the written objections, the departmental authorities have come up with the excuse that the appellant had been shifted because there were different complaints and Tehsil Nazim and Union Council Nazim had recommended his transfer. Departmental Representative has, however, conceded that no fact findings enquiry was held to make any probe into the complaints which the counsel for appellant claims to have been politically inspired. In the absence of enquiry, the mere complaints cannot be taken to be a legitimate ground for transferring the appellant in public interest. I, therefore, held that the impugned orders are not tenable:

7. For the above reasons, the appeal is accepted and the impugned orders are set aside. The appellant is allowed to complete his tenure o posting at Ali Sher Wahin. Parties are left to bear their own cost. H.B.T./86/PST Appeal accepted.