' Appeal challenges the impugned order, dated 8-3-2004 vide which the appellant was transferred from the post of Principal/BS-19, Govt. Girls Higher Secondary School Singhpura, Lahore and placed at the disposal of Secretary Education for further posting on administrative grounds, by District Nazim, Lahore, Appellant states that she filed departmental appeal, dated 13-3-2004 through registered post and as the same had not been decided within the statutory period, present appeal has been preferred in this Tribunal.
2. Learned counsel for the appellant maintains that the appellant had not yet completed her tenure of three years as Principal, when she was transferred out of mala fide and during general ban on transfers. The main stay of arguments of learned counsel for the appellant is that District Nazim, Lahore was not competent to transfer the appellant under rule 16 of the District Government Rules of Business 2001, as according to the said Rules of Business, the District Nazim was competent to order a transfer only within the District, whereas in the present case i.e. In the case of the appellant, transfer had been made by the District Nazim out of District as the services of the appellant had been placed at the disposal of Secretary Education, who could post the appellant anywhere out of District in the Province. It is also pointed out that transfer of the appellant had been maneuvered by private respondent A No.4 under political pressure as the said respondent was interested in her on posting as Principal in place of the appellant.
3. Appeal is opposed by the respondents. Arguments have been advanced by learned District Attorney on behalf of Government, by learned Legal Advisor for City District Government, Lahore and also by learned counsel for private respondent No.4. Main objection raised against the appeal, on behalf of the respondents is that the appellant has not come to the Tribunal with clean hands because submission of departmental appeal on the part of the appellant is doubtful, as no such departmental appeal is available in the record of Secretary Education. It is further stated that as per law i.e. Section 9 of the Punjab Civil Servants Act, a civil servant could be transferred anywhere at any time irrespective of tenure and irrespective of station. It is also pointed out that numerous administrative problems had been created by the appellant while working as Principal, Government Girls Higher Secondary School, Singhpura, Lahore and that her transfer had taken place in the best of public interests.
4. I have considered contentions from both sides and also gone through the relevant record.
Confronted with question as to what was the evidence that the appellant had preferred departmental appeal, a photocopy of postal receipt, dated 17-3-2004 was produced by the counsel for the appellant. According to this receipt, some registered document had been sent to Secretary Education. Learned counsel contended that departmental appeal could have been mis- placed in the office of Secretary Education but he had the proof that the same had been submitted and inspite of expiry of statutory period no decision on departmental appeal had been taken. I have also gone through provisions of District Governments Rules of Business 2001. I find that transfer in this case has been made by District Nazim, Lahore and not by the Provincial Government. Section 9 of the Punjab Civil Servants Act empowers the Provincial Government to transfer a civil servant anywhere and at any time. The powers conferred under section 9 of the Punjab Civil Servants Act are not available to a District Nazim. District Nazim derives administrative powers from District Govt's. Rules of B Business 2001. Under rule 16 ibid, he can order transfer/postings only within the District. It is evident from this rule ibid that while a District Nazim is competent to transfer an officer/official to any place and on any post in the District, he cannot transfer a civil servant out of the District. Placing the services, of an officer at the disposal of Provincial Government means transfer out of District. Contending parties generally agree that powers of the District Nazim are confined to his District. In this view of the matter, the case is remanded to Secretary Education to take a firm and independent decision on the representation of the appellant strictly in accordance with law as well as requisites of public interest.