1999 PLP (C (PLC(CS))
PERVAIZ NAZIR BHUTTA Versus SECRETARY, LOCAL GOVERNMENT AND
| Citation | 1999 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, C. J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ |
| Parties | PERVAIZ NAZIR BHUTTA Versus SECRETARY, LOCAL GOVERNMENT AND |
Q1: What are the key laws and sections cited in 1999 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions 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 Supreme Court of Pakistan bench comprising: Ajmal Mian, C. J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP (C (PLC(CS)) (PERVAIZ NAZIR BHUTTA Versus SECRETARY, LOCAL GOVERNMENT AND). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Shaukat Ali Mehr, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑ on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 5th January, 1999.
- "Notice to the department. The request for a stay order has not been granted as there seems no relevancy for the grant of stay order as the learned counsel for respondent No‑5 has produced a copy of the order of the Administrator, Zila Council, Rajanpur according to which the transfer of Mr. Parvaiz Malik Bhutta had already been finalised as he was relieved of his duties on 25‑9‑1998. To come up on 10‑11‑1998."
- 3. Above order has been assailed through present petition for leave to appeal. Mr. Shaukat Ali Mehr, Advocate Supreme Court, urged that transfer order had been passed on the direction of Finance Minister and under political influence, therefore, same was ab initio void. He stressed that petitioner was being coerced to resume duty in persuance of illegal order which according to him, requires interference.
Headnotes / Summary
(On appeal from the order, dated 12‑10‑1998, passed by Punjab Service Tribunal, Lahore in Appeal No. 1785 of 1998). , Punjab Service Tribunals Act (IX of 1974)‑‑ ‑‑‑‑S.4‑‑‑Constitution of Pakistan (1973), Art. 212 (3)‑‑‑Transfer of civil servant‑‑‑ Interim order‑‑‑Discretion of Service Tribunal to pass interim order‑‑‑Civil servant who had filed appeal before Service Tribunal against his transfer from one place of working to another, also had submitted application for interim relief which application was dismissed by Service Tribunal as transfer of civil servant, had already been finalised‑‑‑Validity‑‑Service Tribunal considering fact that civil servant who was transferred had already been relieved from duty did not find it conducive to grant interim relief‑‑ Passing of interim order was a discretion vested in Service Tribunal and Service Tribunal was entitled to examine desirability of circumstances and existence of reasonable ground for grant of temporary injunction‑‑‑Order of Service Tribunal, dismissing application of civil servant for grant of interim order, could not be interfered with in absence of any legal infirmity of error in order of Service Tribunal. Imran Raza Zaidi v. Government of Punjab 1996 SCMR 465 ref.
Judgment & Decree
MUNAWAR AHMED MIRZA, J.‑‑‑This petition for leave to appeal is directed against order dated 12‑10‑1998 passed by Punjab Service Tribunal, Lahore in Appeal No. 1785 of 1998.
2. Relevant facts briefly mentioned are that petitioner was appointed as District Engineer, Zila Council Aajanpur on 16‑12‑1997. He was transferred From RaJanpur to Municipal Committee Kot Adu on 1‑8‑1998. It is the case of petitioner that aforesaid transfer order has been passed on political reasons at the instance of Finance Minister of Punjab. Petitioner on 22‑8‑1998 challenged above transfer order through Writ Petition No.7174 of 1998 before Lahore High Court (Multan Bench). Writ Petition was eventually dismissed on 24‑9‑1998 being not maintainable. Petitioner thereafter submitted departmental appeal on 25‑9‑1998 which was later rejected by the competent Authority on 8‑10‑1998. It may be mentioned here that meanwhile petitioner was relieved from Rajanpur towards 25‑9‑1998. Aggrieved from Departmental appeal petitioner preferred Appeal No. 1785 of 1998 before Punjab Service Tribunal, Lahore. An application for interim relief was also submitted which was, however, dismissed on 12‑10‑1998 in the following terms:‑‑ "Notice to the department. The request for a stay order has not been granted as there seems no relevancy for the grant of stay order as the learned counsel for respondent No‑5 has produced a copy of the order of the Administrator, Zila Council, Rajanpur according to which the transfer of Mr. Parvaiz Malik Bhutta had already been finalised as he was relieved of his duties on 25‑9‑1998. To come up on 10‑11‑1998."
3. Above order has been assailed through present petition for leave to appeal. Mr. Shaukat Ali Mehr, Advocate Supreme Court, urged that transfer order had been passed on the direction of Finance Minister and under political influence, therefore, same was ab initio void. He stressed that petitioner was being coerced to resume duty in persuance of illegal order which according to him, requires interference.
4. It may be seen that passing of interim order is a discretion vested in the Service Tribunal. In the instant case obviously the Service Tribunal was entitled to examine desirability of circumstances and existence of reasonable ground for grant of temporary injunctions. The Tribunal considering the fact that petitioner has already been relieved from duty, did not find it conclusive to grant interim relief to petitioner. We do not find any legal infirmity or error in above order of Service Tribunal. The decision is in conformity with observation contained in case: Imran Raza Zaidi v. Government of Punjab (1996 SCMR 465). H.B.T./P‑47/S Leave to appeal refused.