1996 PLP (C (PLC(CS))

Asif Majeed Awan for Respondent No.1. Malik Saeed Hassan and Muhammad Yaseen Bhatti for Respondent No.2. By this petition ed under, Article 199 of the Constitution, petitioner has challenged the transfer order dated 3-8-1995, whereunder he has been transferred from Lahore and directed to report to the Irrigation and Power Department for further posting. Earlier he had been posted at Lahore on 9-7-1995 on transfer from Kacha Khu District Khanewal.

2. The petitioner remained posted as S.D.O. in Kacha Khu District Khanewal for two years but he succeeded in obtaining his transfer to Lahore under political influence as detained in para No.4 of the comments offered by the Additional Secretary (Adorn) of the Irrigation Department, which is reproduced below:- "It is respectfully submitted that the order dated 23-2-1995 were manoeuvred by the petitioner through C.M's. directive dated 21-2-1995 and with the orders of the then Minister, Irrigation and Power Punjab as it appears from Annexure 'A'. Apart from this, posting/transfer orders dated 1-3-1995, 14-6-1995, 6-7-1995 and 1-8-1995 were secured by the petitioner himself against Mr. Muhammad Munir Akhtar, S.D.O. Excavator Sub-Division, Faisalabad who hardly completed one year term to his credit and later in place of respondent No.2 and all other orders narrated in the para were made by the answering respondent to compete the political pulls and pushes inflicted by the petitioner from time to time, and to suit the administrative exigencies."

3. It is claimed by the learned counsel for the petitioner that his client has been transferred vide the impugned order on extraneous consideration i.e. on the recommendation of Parliamentary Secretary/M.PA. from Raiwind. The record in this case has been summoned and the Section Officer from the Irrigation and Power Department is present with the record. In order to succeed on this ground the petitioner has to show that he himself did not exert political pressure for obtaining his transfer from Kacha Khu to Lahore. The Section Officer has shown the original file which contains the directive from the Chief Minister, which is reproduced below:- "On presentation of the enclosed application Chief Minister has been pleased to approve the posting/adjustment of Mr. Ashfaq Ahmed, S.D.O. Irrigation and Power Department (under posting), as S.D.O. Machinery Sub-Division, Lahore, vide Mr. Maroof Ahmed, S.D.O. Further necessary action may kindly be taken, accordingly." It is, thus, clear that the petitioner was the first to approach politicians -to secure his transfer to Lahore. It may be stated here that the post of the S.D.O. is a tenure post of three years and he had completed only two years at Kacha Khu. An employee who himself obtained his transfer on political pressure has no right to seek exercise of discretionary jurisdiction under Article 199 of the Constitution for annulling the transfer order obtained by another employee under political influence. In appropriate cases of extraordinary nature, this jurisdiction perhaps can be exercised in favour of only those persons who are not influential enough to go to the Chief Minister/Minister/M.NA./M.PA. In the instant case petitioner was the first to obtain order from the Chief Minister Secretariat for obtaining his transfer to Lahore before the expiry of the normal period of tenure at Kacha Khu. Therefore, he is not entitled to the discretionary relief in this petition. Accordingly, this petition is dismissed in limine.

4. It is submitted by the learned counsel for the petitioner, under instructions from Ishfaq Ahmed petitioner who is present in Court that. the official Jeep No.LHX-2624 is with some M.PA. at the instance of Maroof Ahmed, S.D.O. (respondent No.2). The Secretary of the Irrigation and Power Department shall inquire into this allegation and take appropriate action in the matter. The result of his inquiry shall be communicated within the next six weeks to the Deputy Registrar (1ud1.) of this Court for my information.

5. At this stage, petitioner requests that he may be posted back to Kacha khu to complete .his tenure of three years there. The Secretary of the Irrigation and Power Department shall look into the desirability of posting the petitioner to that or any other place where his services can be well-utilized. C.M. Nos.l and 3218 of 1995 stand disposed of. AA./J-166/L Petition dismissed.