1992 PLP 1843 (SCMR)
ADMINISTRATOR, AUQAF, N.- W.F.P., PESHAWAR‑‑‑Petitioner Versus N.‑W.F.P. through the Chief Secretary/
| Citation | 1992 PLP 1843 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Afzal Zullah, CJ. and |
| Parties | ADMINISTRATOR, AUQAF, N.- W.F.P., PESHAWAR‑‑‑Petitioner Versus N.‑W.F.P. through the Chief Secretary/ |
| Primary Law | North‑West Frontier Province Civil Servants Act (XVIII of 1973)‑‑‑ |
Q1: What are the key laws and sections cited in 1992 PLP 1843 (SCMR)?
This judgment primarily cites: North‑West Frontier Province Civil Servants Act (XVIII of 1973)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP 1843 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Afzal Zullah, CJ. and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 1843 (SCMR) (ADMINISTRATOR, AUQAF, N.- W.F.P., PESHAWAR‑‑‑Petitioner Versus N.‑W.F.P. through the Chief Secretary/). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Sardar Khan, A.‑G., N.‑.W.F.P. and Haji MA. Qayum Mazhar, Advocate‑on‑Record (absent) for Respondents Nos. 1 and 2.
- Date of hearing: 20th May, 1992.
- Attiqur Rehman Qazi, Advocate Supreme Court and Muhammad Zahoor Qureshi, Advocate‑on‑Record (absent) for' Petitioner.
- We have heard Mr. Attiqur Rehman Qazi, Advocate, for the petitioner; Mr. M. Sardar Khan, Advocate‑General, N.‑W.F.P., for the State; and have perused the record of the case.
Headnotes / Summary
(On appeal from the judgment/order, dated 1‑7‑1991 of the Peshawar High Court, Peshawar passed in W.P. No.358 of 1990). ‑‑S.10‑‑‑Civil servant is liable to transfer anywhere within or outside the Province to any post under the Federal Government or any Provincial Government or Local Authority or Corporation or body set up or established by any such Government‑‑‑Civil servant cannot object to his transfer. Under section 10 of the N.‑W.F.P. Civil Servants Act, 1973 any civil servant is liable to transfer anywhere within or outside the province to ‑any post under the Federal Government or any Provincial Government 'or local authority or corporation or body set up or established by any such Government and the Government employee, cannot object to his transfer. In the present case the petitioner was transferred from the post of Director, Excise and Taxation by the Government of N.‑W.F.P. and in his place respondent was posted. This was within the power of the transferring authority and could not be legally assailed by the petitioner. Attiqur Rehman Qazi, Advocate Supreme Court and Muhammad Zahoor Qureshi, Advocate‑on‑Record (absent) for' Petitioner.
Judgment & Decree
Civil Petition No.201‑P of 1991, decided on 20th May, 1992. (On appeal from the judgment/order, dated 1‑7‑1991 of the Peshawar High Court, Peshawar passed in W.P. No.358 of 1990). ‑‑S.10‑‑‑Civil servant is liable to transfer anywhere within or outside the Province to any post under the Federal Government or any Provincial Government or Local Authority or Corporation or body set up or established by any such Government‑‑‑Civil servant cannot object to his transfer. Under section 10 of the N.‑W.F.P. Civil Servants Act, 1973 any civil servant is liable to transfer anywhere within or outside the province to ‑any post under the Federal Government or any Provincial Government 'or local authority or corporation or body set up or established by any such Government and the Government employee, cannot object to his transfer. In the present case the petitioner was transferred from the post of Director, Excise and Taxation by the Government of N.‑W.F.P. and in his place respondent was posted. This was within the power of the transferring authority and could not be legally assailed by the petitioner. Attiqur Rehman Qazi, Advocate Supreme Court and Muhammad Zahoor Qureshi, Advocate‑on‑Record (absent) for' Petitioner. M. Sardar Khan, A.‑G., N.‑.W.F.P. and Haji MA. Qayum Mazhar, Advocate‑on‑Record (absent) for Respondents Nos. 1 and
2. Date of hearing: 20th May, 1992. WALI MUHAMMAD KHAN, J: ‑‑Nazir Hussain, petitioner herein, seeks leave to appeal against the judgment of the Peshawar High Court, dated 1‑7‑1991, whereby his Writ Petition No.358 of 1990 challenging the order, dated 16‑8‑1990, transferring him from the post of Director, Excise and Taxation, N.‑W.F.P., Peshawar to the post of Deputy Secretary, Board of Revenue and posting of Muhammad Riaz Khan in his place vide the same order, was dismissed. We have heard Mr. Attiqur Rehman Qazi, Advocate, for the petitioner; Mr. M. Sardar Khan, Advocate‑General, N.‑W.F.P., for the State; and have perused the record of the case. Under section 10 of the N: W.F.P. Civil Servants Act, 1973 any civil servant is liable to transfer anywhere within or outside the province to any post under the Federal Government or any Provincial Government or local authority or corporation or body set up or established by any such Government and the Government employee cannot object to his transfer. The petitioner was transferred from the post of Director, Excise and Taxation, by the Government of N.‑W.F.P. and in his place respondent No.3 was posted. This was within the power of the transferring authority/respondent No.1 and could not be legally assailed by the petitioner. The impugned order of High Court, therefore, does not suffer from any legal infirmity. The instant petition is, accordingly, dismissed and leave to appeal is refused. M.B.A./N‑312/S Leave refused.