Rules of Business Punjab

High Court reiterated the guidelines laid down by the Supreme Court for the public functionaries to exercise statutory powers in matters of transfer of Government servants.

R. 17, Rules of Business (Punjab), Ministry of Law and Parliamentary Affairs was required to be consulted by other Departments on legal questions arising out of any case and the matter of interpretation of any law etc.

Legal dispute having arisen, concerned department was under statutory obligation to refer the matter to Law and Parliamentary Affairs Department and if not satisfied matter could have been agitated further as provided under R. 17

Department concerned could not interpret law itself and then stick to that

Such tendency being illegal and irrational, could not be countenanced because that did not help to solve the issues in accordance with law but complicated the same.

Supreme Court's direction against such repeated transfers issued in Zahid Akhtar's case (PLD 1995 SC 530) was flouted by Authorities in matters of transfer of civil servant

Effect

Leave to appeal was granted to consider whether impugned order of transfer of specified date and subsequent order of cancellation, a few days after were passed by Competent Authorities, what was the effect of violation of directions made by Supreme Court in Zahid Akhtar's case (PLD 1995 SC 530); and if answer to the first proposition be in affirmative, whether impugned orders had become extraordinary in the light of observation of Supreme Court in Zahid Akhtar's case supra and had become - coram non judice involving question of jurisdictional defect as settled by. Supreme Court in Malik Hayat's case (PLD 1995 SC 505) and, therefore, jurisdiction of Supreme Court was not barred.