The petitioner an employee of Local Council through this constitutional petition calls in-question orders dated 28.7.2007 and 17.8.2007 passed by Respondent No, 1 vide which initially the petitioner Ijaz Hussain was transferred from U.C. 51 to 59 with immediate effect in the public interest and thereafter was placed under suspension on account of misconduct and non-compliance of the order of competent authority.
2. It is interalia contended that the impugned transfer of the petitioner was with unlawful authority and mala fide and thereafter initiation of proceedings against him was also unjustified and he is being victimized. That the impugned orders have not been passed with independent and judicious mind, rather on the contrary the same were passed under the influence of local MPA.
3. Conversely learned counsel for the respondents as well as learned Assistant Advocate General vehemently opposed this petition and submits that posting and transfer is exclusively within the domain of the competent authority which cannot be agitated through constitutional jurisdiction; that the posting and transfers of an employee cannot be claimed as a matter of right. That suspension, of the petitioner for alleged commission of misconduct is also within jurisdiction of competent authority and that constitutional petition in such like matters is not competent.
4. Arguments heard and record perused.
5. By now it is well settled law that no employee has vested right of posting at a particular place or against a particular vacancy. It is also the domain of the competent authority to initiate proceedings against its subordinate employee if found guilty of misconduct or any act of insubordination etc: are noticed. Besides the order impugned is interim in nature. This constitutional petition, therefore, being misconceived is hereby dismissed.