The petitioner has assailed the legality of order dated 30.06.2011, whereby he was transferred from the post of Consolidation Officer, Alipur District Muzaffargarh and was directed to report to Board of Revenue, Punjab on the administrative ground in the public interest.
2. The learned counsel for the petitioner has contended that the petitioner has been, transferred from one place to another within a short span of time and he has been made rolling stone on the direction of MPA and it is a case of political victimization. Therefore, his transfer is based on malafide and same is liable to be cancelled. Learned counsel for the petitioner has relied on 'Zahid Akhtar Vs. Gout. of Punjab through Secretary, etc." (PLD 1995 S.C. 530) and 'Muhammad Saleh Asim Vs. Secretary Schools Education" (PLJ 2008, Lahore 772).
3. On the other hand, learned counsel for Respondent No, 4 has stated that the petitioner has been transferred on administrative ground as he was involved in corruption and forgery of record, who was also convicted by Special Judge, Anti-Corruption, D.G.-Khan. The transfer and posting of Government servant is a part of terms and conditions: of civil servant, which falls within exclusive jurisdiction of Punjab Service Tribunal and constitutional jurisdiction of this Court cannot be invoked in the matter of transfer. The leaned counsel for the respondent has relied upon the following case law:-- "Govt. of Sindh through Secretary, etc. Vs. Naakat Ali.etc." (2011 SCM R 592)
"Ayyaz Anjum. Vs. Government of Pb. H.P.P.D. etc." (1997 SCM R 169)
'Abdul Ghafoor, etc. Vs. Govt. of Punjab and others" (2011 PLC (CS), Lahore 782)
"Ms. Anyesha Bashir Wani, etc. Vs. Govt. of Pak, etc." (2012 PLC (CS) Lahore 31)
"Irnran Arif Ranjha, etc. Vs. Pb. Public Service, etc' (2012 PLC (CS) Lahore 609)
4. Arguments heard and record perused.
5. The petitioner being civil servant was performing his duties as Consolidation Officer at Alipur, District Muzaffargarh and he has been transferred with the direction to report to Board of Revenue.
6. The matters of posting and transfer of civil servants are dealt under Section 9 of the Punjab Civil Servants Act, 1974 which read as under:-- , "Posting and transfer."
Every civil servant shall be liable to serve any where within or outside the province on any post under the Government of the Punjab or the Federal Government or any Provincial Government or a Local Authority or a Corporation or a body setup or established by an such Government.
7. A bare reading of Section 9 of the Punjab Civil Servants Act, 1974 reveals that a civil servant is bound to serve anywhere within or outside the Province in any post under the Government of the Punjab or the Federal Government or any Provincial Government or local authority or a corporation or body set-up or established by any such Government.
8. The transfer of civil servant is a matter relating to the terms and conditions of service and the bar contained in Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 would be fully attracted. It has been held by the August Supreme Court in case of "Khalid Mehmood Wattoo. Vs. Government of the Punjab, etc." (1998 SCM R 2280) that even where an order relating to the terms and conditions of service of a civil servant has been passed on political considerations and is malafide still the bar contained in Article 212 of the Constitution of Islamic Republic of Pakistan 1973, would be attracted. The Hon'ble Supreme Court of Pakistan while deciding case of 'Peer Muhammad. Vs. Govt. of Baluchistan." (2007 SCM R 54), held that the question of posting of a Government Servant squarely falls within the jurisdiction and domain of competent authority, only the Service Tribunal has exclusive jurisdiction to dilate upon and decide such matters and constitutional jurisdiction of High Court cannot be invoked to get such controversies resolved. It has also been held by the Hon'ble Supreme Court of Pakistan in case "Secretary, Education NWFP, etc. Vs. Mustamir Khan, etc" (2005 SCM R 17) that transfer of any civil servant could only be made by competent authority in the exigency of service and public interest and civil servant had no right to remain posted at a particular place. If transfer order is based on malafide even then the Service Tribunal has jurisdiction to interfere and set aside the same. It has also been held by the Hon'ble Supreme Court of Pakistan in case "Ayyaz Anjum Vs. Government of Punjab, Housing & Physical Planning Department etc." (1997 SCM R 169) that matter relating to the posting and transfer of civil servant relates to the terms & conditions of his service and such matter would fall within the exclusive jurisdiction of appropriate Service Tribunal. The jurisdiction of High Court is barred in such matter under Article 212(2) of the Constitution.
9. The case law produced by the learned counsel for the petitioner is not directly applicable in the facts and circumstance of the case. Under Article 189 of the Constitution of Islamic Republic of Pakistan, 1973, all the decisions of Hon'ble Supreme Court deciding the question of law are binding on all other Courts in Pakistan. Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 ousts the jurisdiction of all other Courts and orders of departmental authority even though without jurisdiction or malafide can be challenged only before the Service Tribunal and the jurisdiction of Civil Court including the High Court- is specifically ousted. The petitioner has no vested right to remain posted at a particular place.
Resultantly, the instant writ petition is without merits and same is hereby dismissed.