TARIQ JAVED, J. - The petitioner has assailed the order dated 24.1.2009 whereby he has been transferred to headquarter from Market Committee, Kasuwal.
2. It has been alleged by the learned counsel for the petitioner that the petitioner was posted as Secretary, Market Committee, Kasuwal on 1.12.2005. He served for more than four years and then he was transferred to Market Committee Faruq Abad, District Sheikhupura on 6.3.2009.
Thereafter the petitioner was subjected to number of frequent transfer viz. To Market Committee Baseer Pur on 7.3.2009; on 13.3 2009 as per general order of the Punjab Government he was posted as Secretary Market Committee, Kasuwal, then on 6.4.2009 after a few days he was transferred and sent to join Market Committee, Kamalia, vide order dated 9.5.2009; then he was transferred from Kamalia to submit his arrival report in the Headquarter office at Lahore i.e. In the office of Director Economic Marketing, 21- Davis Road, Lahore vide order dated 28.9.2009 where the petitioner in compliance with the orders submitted his joining report on 10.9.2009; then the petitioner was transferred to Market Committee, Kehror Pacce on 29.9.2009, where he joined on 3.10.2009; then the petitioner was transferred from Market Committee, Kehror Pacce *to the Head Office at Lahore on 19.10.2009; then the petitioner was transferred from Head Office to Kasuwal Market Committee on 19.10.2009 (the same day), he joined on 20.10.2009 and finally the order of the transfer of the petitioner was cancelled on the same day i.e. 20.10.2009 and the petitioner was transferred from Market Committee, Kasuwal to report back to the Headquarter office, Lahore.
3. It was maintained that all of the successive transfer orders have been made with mala i.e intention, which has resulted into mental and physical torture to the petitioner. The petitioner is stated to be the resident of Burewala and would prefer a nearby posting, It is further submitted that his transfer to Headquarter at Lahore is violative of Section 16(3) of the Punjab Agricultural Produce Act, 1978 and hence the impugned order dated 20.10.2009 merits to be set aside.
4. On the other hand, learned A.A.G, has maintained that almost all the transfers mentioned above were procured by the petitioner himself by using political influence and pressurizing the departmental authorities. He has already spent four years at Kasuwal and was transferred from Kasuwal to Market Committee, Faruq Abad, vide order dated 4.3.2009. All of the subsequent transfers were procured by him. The petitioner has not come to this Court with clean hands and as such he is not entitled to any discretionary relief under the writ jurisdiction.
5. Record reveals that petitioner had completed more than four years as Secretary, Market Committee, Kasuwal, hence he was transferred from Kasuwal to Faruq Abad vide order dated 4.3.2009. It appears that all of the orders have been passed by respondent No. 2 with mala i.e in law. No reason whatsoever has been given by respondent No. 2 for the successive transfer orders.
On the other hand, the petitioner has not accepted any other order except his transfer to Kasuwal, which was made vide order dated 19.10.2009. The mala i.e has been alleged by both sides, It amply shows that respondent No. 2 was acting with mala i.e in law whereas petitioner has not come to this Court with clean hands and as such he is not entitled to the relief claimed by him. In these circumstances, I am left with no choice but to dismiss this petition. The reason being, that if the respondent No. 2 had passed those orders with mala i.e on his part, then naturally those were illegal. On the other hand, if those orders were passed on the asking of the petitioner, through political or any other pressures, still those were illegal. The Government servants cannot be expected to misuse the powers as it has been done in this case. However, taking a lenient view, the respondents may post him anywhere near to his place of residence. Since it is a policy of the Government that a Government servant is usually not allowed to remain at one station for longer periods, he may not be posted back at Kasuwal but may be posted near Kabirwala or on any other vacant post. Petition is dismissed in limine.