M.A. ZAFAR, J. - Banaras Khan, who is Superintendent in the office of Town Nazim, Municipal Administration, Rawal Town, Rawalpindi has filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 challenging his transfer as Superintendent from Building Branch to General Branch vide order No. 382, dated 29.9.2008 passed by the Town Nazim.
2. According to learned counsel, the petitioner was transferred mala fide on account of pointing out irregularities committed by the Building Inspectors and others through application dated 8.8.2008 and under the pressure of the members of the house it was resolved in the meeting that Superintendents posted at one Branch for the last more than one year be transferred to another Branch vide resolution dated 26.6.2008. He further submits that the Acting Nazim passed impugned order and he was not competent to pass such like orders
3. Learned counsel for the respondent submits that Town Nazim, who is competent authority, issued the transfer order of the petitioner for better performance of the Town Municipal Administration and the same were issued in good faith. He further submits that Town Council in its meeting dated 24.6.2008 passed Resolution No. 10 by which the petitioner became Superintendent Enforcement and Building having dual charge and enjoyed amusement of both the branches.
4. After having heard learned counsel for the parties and perusing the documents filed by them and the comments submitted by the respondent .I find that a Resolution No. 6, dated 26.8.2008 was passed by the Council and requested Town Nazim to take legal Proceedings against all the Superintendents from whose personal interests, T.M.A., Rawal Town, Rawalpindi have to suffer heavy financial loss and bad name of T.M.A. Town Council also requested the Town Nazim that all the Superintendents should perform their duties in any Branch not more than one year. According to the respondent all the Superintendents assumed their duties but the petitioner has filed the present petition, In the instant case, within the same premises the petitioner has been transferred on the same very post from one Branch to another Branch but he has rushed to this Court.
Apparently, no mala fide has been established and-it is not only the petitioner, who has been transferred through the impugned order but there are as many as nine other persons of the same rank have been transferred from one Branch to another through two separate orders dated 29.8.2008 and 29.9.2008. Town Nazim was on Ex-Pakistan Leave from 22.9.2008 to 30.9.2008 and he authorized Naib Nazim to exercise the financial powers of the Town Nazim as per Ordinance and Rules. Ah employee cannot claim to be posted at a particular place and transfer from one place to another is part of exigencies of service and no one can ask for a particular station. "
5. For the forgoing reasons, there is no force in this petition and the same is accordingly dismissed.