1977 PLP [C (PLC(CS))
Members FAZAL ILLAHI MUNIR Versus DISTRICT EDUCATION OFFICER, GUJRAT
| Citation | 1977 PLP [C (PLC(CS)) |
| Forum / Court | 1977 P L C C.S.T. 91 |
| Bench Members | Saad Saood Jan, Chairman, Ashfaq All Khan and Khalid Farooq Akbar, |
| Parties | Members FAZAL ILLAHI MUNIR Versus DISTRICT EDUCATION OFFICER, GUJRAT |
| Primary Law | Punjab Administrative Tribunals Act (XI of 1974)‑ |
Q1: What are the key laws and sections cited in 1977 PLP [C (PLC(CS))?
This judgment primarily cites: Punjab Administrative Tribunals Act (XI of 1974)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1977 PLP [C (PLC(CS))?
The case was heard and decided by the 1977 P L C C.S.T. 91 bench comprising: Saad Saood Jan, Chairman, Ashfaq All Khan and Khalid Farooq Akbar,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1977 PLP [C (PLC(CS)) (Members FAZAL ILLAHI MUNIR Versus DISTRICT EDUCATION OFFICER, GUJRAT). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑ S. 4‑Transfer of civil servants‑‑Normal incidence of service Transfer, unless attendant by extraordinary circumstances, held, not liable to interference by Service Tribunal‑Appellant transferred for reason of being posted in his home village, inhabited mainly by members of his bradari and indulging in local politics‑Transfer, held, ordered on sound reasons.
Judgment & Decree
SAID SAODD JAN (CHAIRMAN) ‑The appellant is posted as a teacher in the Government High School, Kakrali, in District Gujrat. He challenges his order of transfer to Government High School, Kohar. On going through his memorandum of appeal we were struck by the fact that during the course of one calendar year he had been subjected to six traps: fees. This appeared rather unusual and we called for the District Education Officer to report the circumstances, which had led to the frequent transfers of the appellant. The report has since been received and we have considered it. It appears that the appellant was formerly posted in the Province of Baluchistan from where he vas transferred to the Punjab on his own request. On his transfer to the Punjab he was posted in the Government Middle School, Langhrial. On his own request he was again transferred for Lahghrial to the Government High School, Kakrali: When he was in Kakrali three transfer orders were passed one after another, Thus, first he was transferred to Mona Depot, then to Sohawa Bulani and finally to Kohar. The transfer to Mona Depot and Sohawa Bulani were cancelled before they became effective; as such, they must be ignored. The third transfer to Kohar, however, remains in force, The transfer of a Government servant from one place to another is a normal incident of his service. Unless a transfer is attendant by extraordinary circumstances, this Tribunal would not interfere with the discretion of the com petent authority in this regard. The reason given by the District Education Officer for the transfer of the appellant from Kakrah to Kohar is plausible. Kakrali is the home village of the appellant. According to report of the Dis trict Education Officer there were complaints about the appellant that he was indulging in local politics. The appellant conceded before us that Kakrah is mainly, inhabited by members of his 'bradri'. We are not prepared to dischair the averment of the District E:lucation Officer in this regard. Consequently, the appellants' transfer to Kohar is not attended by any unusual circumstances. It may be pointed out that Kohar is only 40 miles away from Kakrali, which is not much. For the reasons we do not think that this is a fit case for our interference with the order of transfer. The appeal is without any merit and is hereby dismissed in limine. Appeal dismissed.