1. ' Heard Mr. Muhammad Nawaz Shaikh, Advocate for the petitioner. Mr. Choudhry Rasheed Ahmed, Advocate for the respondent No,4, and Mr. Fareed A. Dayo for official respondents.
2. ' The petitioner asserts that "while awaiting for posting to be posted as Town Officer (Finance), Town Municipal Administration, Kemari" in place of respondent No,4 Muhammad Fayyaz, he was directed to report to Sindh Local Government Board vide order, dated 24th September, 2007 issued by respondent No,2 and petitioner submitted his joining report on 24th September, 2007 accordingly. He started discharging his duties on the said post, but respondent No,2 again issued order, dated 28th September, 2007, whereby respondent No,4 was posted as Taluka Officer (Finance) Town Municipal Administration, Matiari, in place of one Muhammad Nadeem Arain, who thereby stood transferred and directed to report to respondent No,2. It is alleged that respondent No,4 was using political influence to get himself reposted to Town Municipal Administration Kemari and, therefore, managed to obtain order, dated 25-10-2007 from respondent No,2, whereby the said respondent No,4 stood transferred from the post of Town Municipal Administration, Matiari, and petitioner stood directed to report to the office of respondent No,2.
3. ' No document is placed on the record of the petition, yet the petitioner further alleges that a letter, dated 23-10-2007 was issued by the Private Secretary to the Minister, Local Government, Katchi Abadi and Spatial Development, addressed to respondent No,1, viz. Secretary, Local Government, Katchi Abadi, whereby he was directed to withdraw the order, dated 24th September, 2007 and further directed respondent No,4 to continue as Town Officer, Taluka Municipal Administration, Kemari "while the petitioner was proposed to be posted as Deputy Town Officer".
4. ' It is further alleged that further order, dated 25-10-2007 was issued for the purpose of cancellation of earlier order, dated 24th September, 2007, whereas the petitioner had already resumed his duties on 25th September, 2007, in pursuance of the said earlier order and "in such situation there cannot be any cancellation of the orders, but in haste and just to comply with the illegal orders of the Minister, the petitioner is being harassed and discriminated without any valid, legal and cogent and justification". Hence, the petitioner has made the following prayers in this petition:--
(a) to quash/set aside the impugned order, dated 25-10-2007, passed by the respondent No,2, at the behest of the Minister Local Government, Katchi ,
(b) to restrain the respondent Bawdiest 1, 2 and 3, their servants/ subordinates, agents, employees and/or anybody else claiming through or under them not to implement the impugned order, dated 25-10-2007, passed by the respondent No,2.
(c) to suspend the operation of the impugned order, dated 25-10-2007, further directing the respondents to allow the petitioner to continue to perform his duties as Town Officer (Finance), Town Municipal Administration Kemari,
(d) any other relief(s), which this Honourable Court may deem fit looking to the circumstances of the case.
5. ' Comments have been offered by respondent No,2, whereby the said allegations stand denied.
6. Learned counsel for respondent No,4 has filed counter-affidavit also.
7. ' Learned counsel for the petitioner has relied upon the Sindh Councils Unified Grades Service Rules, 1982, and Rule 14 thereof specifically directs:-- "In all matters not expressly provided for in these rules the members of the service shall be governed by such general rules applicable to the civil servants as the prescribed by the Government."
8. ' Learned counsel for the respondents have relied upon the Sindh Councils Unified Grades Rules, 1982 and Rule 11 whereof reads as under:-- "11. The members of the service shall be liable to transfer from one council to another council in the following manner:--
(a) in the case of members of the service in Basic Scales 19 and above by the Chief Secretary;
(b) in the case of members of the service in Basic Scales 17 and 18 by the Secretary to Government of Sindh Housing Town Planning Local Government and Rural Development Department, subject to the condition that transfer of a member of the service in Basic Scale 18 before completion of two years of his existing posting shall be made with the approval of the Chief Secretary.
(c) in the case of members of the service in Basic Scale 16 by the Additional Secretary (Local Government), Housing Town Planning Local Government and Rural Development Department; and
(d) in the case of members of the service below Basic Scale 16 by the Secretary, Sindh Local Government Board."
9. ' The documents placed on the record of this petition clearly prove that the orders were passed by the Secretary, Sindh Local Government Board, and there is no indication that any Private Secretary to any Minister of anybody else went on seeking illegal orders or he went on misusing his authority to influence his superior officers.
10. ' In any case, even if such events actually took place, it is a settled principle of law that disputed question of fact cannot be enquired into by this Court in the proceedings of Constitutional petition, and that the petitioner has necessarily to approach the competent forum for the purpose of seeking of enquiry into the allegations as made by him in this petition.
11. ' Above quoted Rule 11 clearly indicates that the copies of the orders available on the file of this petition were competently issued by the competent authority and the allegations as made by the petitioner do not appear carrying any force therein. Hence, this petition is hereby dismissed in limine along with listed applications leaving the petitioner at liberty to approach the competent forum for the purpose of proof of the allegations as made by him in this petition.