' MUHAMMAD JEHANGIR ARSHAD, J.--- The record indicates that Mian Imtiaz Aleem Qureshi, Parliamentary Secretary, Zakat and Ushar, on his letter pad recommended the transfer of Riaz Hussain respondent No,4 from S.D.C., Provincial Highway, Layyah to Muzaffargarh and this recommendation was also signed/supported by two other M.P.As. Namely Ahmad Yar (PP-251 Muzaffargarh) and Rai Mansab (PP-202 Multan). On the said recommendations, a directive (DS- VI)/CMS/06/AB-256 was issued from Chief Minister Punjab's Secretariat on 25-11-2006 by G.M.
Sikandar, Principal Secretary to the Chief Minister, expressly conveying the desire on behalf of Chief Minister to allow the transfer of Riaz Hussain respondent No,4 in the light of joint recommendation from the above mentioned elected representatives of District Muzaffargarh and Multan. After necessary formalities, ultimately the Executive Engineer, Provincial Highway Division, Dera Ghazi Khan through the impugned order, dated 29-8-2007 issued the transfer order of the petitioner from Provincial Highway Sub-Division, Muzaffargarh to Provincial Highway Sub-Division, Layyah vice respondent No,4, in the light of above recommendations of the Members of Punjab Provincial Assembly as well as the directive issued by the Chief Minister's Secretariat. It is further noticed that the impugned order, dated 29-8-2007 has been passed on the basis of certain relaxations by the Chief Minister regarding ban on transfers conveyed by Zahid Hussain Deputy Secretary-VI from Chief Minister's Secretariat, Lahore.
2. It is argued by learned counsel that despite displeasure expressed as well as warning issued by this Court, the Chief Minister's Secretariat is continuously issuing transfer orders of the civil servants on the basis of political recommendations/pressures, whereas, neither the Civil Servants Act envisages such type of transfers nor the same is in consonance with the law declared by Honourable Supreme Court of Pakistan in Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 and recent judgment of the apex Court in Roshan Khan v. Director School and Literacy 2007 SCMR 599, holding such-like interference not only void but also violative of the provisions of Civil Servants Act, declaring that such-like orders amount to exploitation and blackmailing on the part of the M.N.As./M.P.As., which is bound to destroy the institutions, if not already destroyed. Learned counsel further contends that the cited judgment further expressly refers that earlier decisions of the Supreme Court condemning interference by Ministers/ M.N.As./M.P.As. In administrative affairs in the matter of appointment/ promotion/transfers of civil servants are being flouted with impunity by the Ministers/M.N.As./M.P.As., which have turned into a mafia.
3. Prima facie the contentions of learned counsel for the petitioner are not without legal justification. It has been noticed that despite bservations/displeasures shown and expressed even by this Court in several cases including 2006 PLC (C.S.) 989 and 2007 MLD 1481, the Chief Minister's Secretariat still is openly flouting the cited judgments of the apex Court as well as this Court, most probably with the object of destroying the Institution of Judiciary, otherwise, there was no justification at all for the Chief Minister, being Chief Executive of the Province, to continue passing such-like orders, therefore, apart from his reply in Writ Petitions Nos.4210 of 2007 and 4230 of 2007 the Chief Minister, Punjab shall also submit his reply through his Principal Secretary about such-like uncalled for attitude, explaining as to why the matter for his disqualification be not referred to the worthy Chief Election Commissioner of Pakistan and also recommendation be not made to the Honourable Supreme Court of Pakistan for initiation of contempt proceedings against him for intentionally violating the cited judgments of the apex Court. G.M. Sikandar, Principal Secretary to the Chief Minister shall also submit his report explaining as to why despite knowledge of above mentioned judgments of the Honourable Supreme Court, he is continuing to issue/pass directives on behalf of the Chief Minister, knowingly that Chief Minister has got no power to issue such- like directives and as held by the Honourable Supreme Court, he (G.M. Sikandar) is also guilty of following the illegal orders of the Chief Executive of the Province. At the same time, the learned Law Officer, present on Court's call, shall direct Mian Imtiaz Aleem Qureshi, Parliamentary Secretary, Zakat and Usher; Ahmad Yar M.P.A. (PP-251 Muzaffargarh) and Rai Mansab M.P.A. (PP-202 Multan) to be present before this Court on 18-9-2007 and explain as to why similar recommendations seeking their disqualifications be not made to the worthy Chief Election Commissioner of Pakistan and also for initiation of contempt proceedings their cases be not referred to the Honourable Supreme Court of Pakistan for acting in violation of the cited judgments of the apex Court. Further, the learned Law Officer shall also direct respondents Nos.1, 2 and 3 to appear in person on the next date of hearing and submit their report/parawise comments and also separate explanations as to why contempt proceedings should not be initiated against them for wilfully flouting the cited decisions of the Honourable Supreme Court.
4. To come up on 18-9-2007, on which date the learned Law Officer shall also appear to assist the Court. Till then, the operation of the impugned order shall remain suspended.