' MUHAMMAD JEHANGIR ARSHAD, J.---When this writ petition came up for urgent hearing on 27-4- 2007 this Court passed the following order:- "The documents attached with this petition disclose an unhappy state of affairs in the Health Department, Khanewal. Copy of this petition along with all annxeures has been handed over to the learned Law Officer who will direct District Co-ordination Officer, Khanewal to look into the same and appear in person on 14-5-2007 to explain how the matters are being dealt with under his nose.
Learned Law Officer shall also direct the respondent to appear in person on the said date along with his report as well as comments and to explain as to how the copies of letters written to him by the Federal Minister as well as Tehsil Nazim, Kabirwala came into the possession of the petitioner.
He will also bring the material if any on the basis of which transfer order in favor of the petitioner was passed. The learned Law Officer shall also direct Tehsil Nazim, Kabirwala to appear in person and explain under what authority he issued the letter coercing E.D.O. (Health), Khanewal for passing transfer orders whereas the same is in violation of the law declared by the Hon'bie Supreme Court of Pakistan in Zahid Akhtar's case PLD 1995 SC 530."
2. Today, Mr. Muhammad Khan Khichi, D.C.O. Khanewal, Muhammad Akbar, Tehsil Nazim, Kabirwala and Ikhlaq Ahmad Ansari, E.D.O. (Health), Khanewal have entered appearance in terms of Court order, dated 27-4-2007. When asked as to how and under what authority of law he directed/required E.D.O. (Health) for the transfer of petitioner .Hafeez-ur-Rehman Mr. Muhammad Akbar Hayat, Tehsil Nazim, Kabirwala has frankly submitted that in future he would not issue such like directions and undertakes to remain within the authority of law.
2A. In view of the assurance/undertaking given by Mr. Muhammad Akbar Hayat,Tehsil Nazim this writ petition is disposed of having been withdrawn in terms of C.M. No,833/07,- he however, shall ensure that no such like illegal interference on his part in the matter of postings and transfers which is the exclusive jurisdiction of the E.D.O. (Health) is brought to the notice of the Court in future otherwise the Court would not be slow in taking appropriate action including requesting the Hon'ble Chief Election Commissioner of Pakistan for initiating proceedings in terms of section 152(2)
(b) of the Punjab Local Government Ordinance, 2001 and also recommending proceedings against him for acting in violation of law declared by Hon'ble Supreme Court of Pakistan in Zahid Akhtar's case PLD 1995 SC 530.
3. The learned District Co-ordination Officer, Khanewal also ensures that he will take all necessary steps that in future no political pressure is exerted on any of his subordinate in the matter of postings and transfers because the same is within the exclusive jurisdiction of the public functionaries and no person shall be allowed to illegally interfere in jurisdiction of the public functionary in such like matters.
4. At the same time E.D.O. (Health), present in Court, is also directed not to accept any pressure with regard to postings and transfers and to act strictly in accordance with law by refusing any illegal direction/order given to him by any political figure and in case if in future any order of postings and transfers is passed by him under the political pressure he shall be liable to legal action in the light of the law laid down by Hon'ble Supreme Court of Pakistan in Zahid Akhtar's case (PLD 1995 SC 530),
5. Office to send copies of this order of D.C.O. Kanewal, Tehsil Nazim, Kabirwala and E.D.O. (Health), Khanewal.