' MUHAMMAD HASHIM KHAN KAKAR, (CHAIRMAN).- This appeal under section 4 of the Balochistan Service Tribunals Act, 1974 has been preferred by the appellant against the impugned order dated 18-8-2010 whereby she was transferred.
2. The relevant facts in small compass are that the appellant was appointed as SST (B-16) in the year 2003 by the Balochistan Public Service Commission and was posted at Government High School Mustung, later on she was transferred and posted as A.D.E.O (F) Chiltan Town Quetta. As per appellant from the 1st day of appointment till her transfer, she did her job with zeal and zest and left no stone unturned in the discharge of her duties. However, all of a sudden, the respondent No,1 issued the impugned order dated 18-8-2010 whereby on account of political pressure, the appellant was transferred and respondent No,2 who was awaiting posting was posted as ADEO Chiltan Town in place of the appellant.
3. The appellant being aggrieved of her transfer approached this Tribunal by means of instant appeal.
4. On the other hand, the respondents contested the appeal on legal and factual grounds by filing their written reply.
5. We have heard the learned counsel for the parties at length and also perused the record with their valuable assistance.
6. The learned counsel for appellant Mr. Rehmani, contended that the impugned order is the outcome of political pressure and it smacked mala fides, as such, the same is not tenable. He also referred the parawise comments submitted by the official respondents.
7. The directives and recommendation letters issued by the Chief Minister, a senator and Provincial Minister respectively would show that the impugned order is the outcome of political pressure and smacked mala fides. It is common practice among the Government employees to approach political figures for getting their transfers from one place to another and the high ups of the Department without any resistance comply the same. The record also reveals that the respondent No,2 was posted as SST at Government School Miaghundi but she has not joined her services and is continuously stressing for getting executive/ administrative post on the basis of political pressure.
8. It has been held time and again that no government servant should directly or indirectly, approach any member of National Assembly or Provincial Assembly or any other non official person to intervene on his behalf in any matter.
9. There is no cavil with the proposition that the question of transfer/posting under section 10 of the Balochistan Civil Servants Act, 1974 falls within the domain of competent authority but it is equally important to note that such discretion must not be exercised in an arbitrary & fanciful manner.
Such discretion has to be exercised judiciously and in accordance with settled norms of justice, equity and fair play. The Government is required/duty bound to exercise the discretion keeping in view the nature of duties, and requisite capabilities in a fair and impartial manner and there should be no extraneous considerations. Therefore, the transfer order, if mala fide or in violation of settled law, made for extraneous consideration to accommodate some blue eyed chap, it would squarely fall within the domain of this Tribunal.
10. For the discussion made hereinabove the appeal is allowed and the impugned order dated 18- 8-2010 is hereby set aside with no order as to costs.