1996 PLP (C (PLC(CS))
MANSOOR AZAM Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, AGRICULTURE DEPARTMENT and 3 others
| Citation | 1996 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ahmad Saeed Awan, J |
| Parties | MANSOOR AZAM Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, AGRICULTURE DEPARTMENT and 3 others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1996 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ahmad Saeed Awan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP (C (PLC(CS)) (MANSOOR AZAM Versus SECRETARY TO GOVERNMENT OF THE PUNJAB, AGRICULTURE DEPARTMENT and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ikram-ud-Din Khan for Petitioner.
- Ch. Mumtaz Ahmad Bhalwana for Respondent No.4
- Ikram‑ud‑Din Khan for Petitioner.
Headnotes / Summary
Arts. 199 & 212
Constitutional petition
Civil servant had challenged his transfer from one place of service to another alleging that same was made by Authority under political pressure and on behest of Minister without applying independent mind
High Court observed that Authority concerned should have pointed out to the Minister concerned the extent of his authority in matter of transfer/posting besides bringing to his notice that such frequent transfers of Government servant could neither be justified as the exigencies of service nor it could be described in the public interest
High Court, however, in view of bar contained in Art.212 of Constitution of Pakistan held that petition filed by civil servant against his transfer, was not maintainable and was liable to be dismissed. Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 ref.
Judgment & Decree
Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 ref. Ikram‑ud‑Din Khan for Petitioner. Ch. Mumtaz Ahmad Bhalwana for Respondent No.4 The petitioner has assailed the validity of the order, dated 23‑4‑1995 passed by the Director, Rapid Soil Fertility Survey and Soil Testing Institute, Lahore whereby the petitioner was transferred from Sargodha to Jhelum. The grounds urged are that the impugned order is in violation of Articles 4 and 25 of the Constitution; has been passed without independent application of mind; under political pressure and that the minister does not figure anywhere in the statute to order or direct transfer of the Government servant. The proposition being canvassed in this petition came up for consideration before the Honourable 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 transfer of Government servants Could neither be justified as the exigencies of service nor it could be described in the public interest. However, in view of the bar contained in Article 212 of the Constitution; the petition was disposed as being not maintainable.
3. In view of the authoritative enunciation by Honourable Supreme Court there is no option left for me except to dismiss the writ petition. Order accordingly. However, the petitioner may approach the Secretary concerned and bring to his notice all the facts of the case who is duty bound to act in the matter in the light of decision of the Supreme Court. H.B.T./M‑2638/L Order accordingly.