1999 PLP (C (PLC(CS))
NIAZ AHMAD NAZ Versus DIVISIONAL SUPERINTENDENT, RAILWAYS and others
| Citation | 1999 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ch. Ijaz Ahmad, J |
| Parties | NIAZ AHMAD NAZ Versus DIVISIONAL SUPERINTENDENT, RAILWAYS and others |
| Primary Law | Civil service‑‑‑ |
Q1: What are the key laws and sections cited in 1999 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ch. Ijaz Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP (C (PLC(CS)) (NIAZ AHMAD NAZ Versus DIVISIONAL SUPERINTENDENT, RAILWAYS and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rana Khalid Mahmood for Petitioner,
Headnotes / Summary
‑‑‑‑ Transfer of civil servant‑‑‑Civil servant had alleged that his transfer had been made under influence of politician who had no authority whatsoever in that respect and that order of his transfer was result of mala fide action and colourable exercise of Competent Authority which did not apply its independent mind‑‑‑Authority was directed by High Court to look into the matter and pass appropriate order strictly in accordance with law. Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 ref.
Judgment & Decree
‑‑‑‑ Transfer of civil servant‑‑‑Civil servant had alleged that his transfer had been made under influence of politician who had no authority whatsoever in that respect and that order of his transfer was result of mala fide action and colourable exercise of Competent Authority which did not apply its independent mind‑‑‑Authority was directed by High Court to look into the matter and pass appropriate order strictly in accordance with law. Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 ref. Rana Khalid Mahmood for Petitioner, The learned counsel for the petitioner contended that the transfer order has been passed under the influence of the politicians, who had no authority whatsoever under the Civil Servants Act, therefore, the competent Authority did not‑apply its independent mind. He further argued that the orders of transfer are the result of the mala fide action and colourable exercise by the respondent.
2. I have given my anxious consideration to the contentions of the learned counsel and perused the record. The proposition being canvassed in these petitions came up for consideration before the Hon'ble Supreme Court of Pakistan in the case of Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 and it was observed by their Lordships that "It was the duty of the Secretary concerned to have pointed out to the minister concerned, the extent of his authority in matters of transfer/posting besides bringing to his notice that such frequent transfers of Government Servants could neither be justified as exigencies of service nor it could be described in the public interest.
3. In view of these circumstances, let a copy of this writ petition be sent. to respondent No.2, who is directed to look into the matter personally and pass an appropriate order strictly in accordance with law, as the law laid down by the Hon'ble Supreme Court in "Zahid Akhtar's case" as cited' above. He is further directed to submit report to the Deputy Registrar) (Judicial) of this Court, preferably within 15 days after receipt of the order. With these observations, this writ petition is disposed of.