Nasrullah Khan Achakzai, Chairman.--The appellant has filed this service appeal under Section 4 of the Balochistan Service Tribunals Act, 1974, against the impugned notification dated 05-07-2013, with a prayer to set-aside the same.
2. Brief facts giving rise to this appeal are that the appellant joined Government service as Naib Tehsildar and later on, he got promotion as Tehsildar. During his service he was not allowed to complete reasonable period on a posting. On 23-05-2012, he was posted as Tehsildar Levies Reserve at Commissioner Office Turbat but on 22.02.2013, he was transferred to the post of Tehsildar Panjgoor. The appellant shifted his family to Panjgoor when on 05-07-2013, the, appellant was again transferred from the post of Tehsildar Panjgoor and directed to report to Commissioner Makran Division.
3. On notice, respondent has filed his objections wherein he stated that under the Balochistan Civil Servant Appeal Rules, 2013, the appellant have to file departmental appeal against the impugned transfer order dated 05-07-2013, which has not been filed by him; as such present appeal is not maintainable. Appellant is a Naib Tehsildar and he was posted on current-charge-basis as a gap arrangement in the exigencies of Public Services. He further stated that under Section 10 of Balochistan Civil Servant Act, 1974 every civil servant is liable to transfer any where inside or outside the province in any post of Federal or Provincial Government or Local authority or a Corporation or a Body set up or established by any such Government. As such, Government servant cannot claim to be posted on any post for a particular period in a particular place.
4. We have heard learned counsel for appellant and learned Additional Advocate General for respondent, perused the record with their assistance, considered their contentions in the light of available record. We have noted that on 23-05-2012, the appellant was posted as Tehsildar Levies Reserve at Commissioner Office Turbat but on 22.2.2013, he was transferred from the post of Tehsildar Revenue at the office of Commissioner Officer Turbat to the post of Tehsildar Pnajgoor. It shows that appellant has been transferred from one post to other within a period of nine (9) months. Again on 05-07-2013, the appellant was transferred from the post of Tehsildar Panjgoor to report to Commissioner Mekran Division. It further shows that appellant has been transferred from one place to other within a period of less than three (3) months. According to our view the causes of the above two (2) transfers are the complaint of appellant to Deputy Commissioner Panjgoor about "Siraj Ahmed Hawaldar and Mujahid Ali constable. We are reproducing official letter dated 06-07-2013 addressed to Secretary Home and Tribal Affairs Balochistan by Deputy Commissioner Panjgoor. No, 289-91/EB Office of the Deputy Commissioner, Panjgoor Dated Panjgur the 6th July, 2013 To The Secretary Home & Tribal Affairs Government of Balochistan, Quetta.
Sub ject: RECOMMENDATION FOR TERMINATION OF LEVIES OFFICIALS It is submitted that levies officials namely (1) SIRAJ AHMED Hawaldar and (2) MUJAHID ALI CONSTABLE were issued explanation call due to their absence from duty and were advised to submit their explanation regarding their absence to AC Panjgur (explanation call attached). They have failed to do so, instead of that they (both) contacted Tehsildar Panjgur on mobile and used abusive language against administration and levies force.
Furthermore, today on 06-07-2013 they both again met Tehsildar Panjgur in Panjgur city and they threw rudely the transfer order of the said Tehsildar in front of him in the presence of Naib Tehsildar Panjgur and other levies officials and also in the presence of General Public and again used abusive language and also said that this is your transfer order which have been issued on our choice from Provincial Government by our own sources and they further warned that they will transfer further more officers" (Transfer order of Tehsildar Panjgur attached).
On the report of Tehsildar Panjgur both the officials are suspended and while on receiving of suspension order by the said officials, they again contacted Tehsildar Panjgur on mobile giving threats to him and again used abusive language. This act of both the officials is a clear violation of Levies Rule and discipline and also Service Rule.
It is, therefore, requested and strongly recommended that both the official namely SIRAJ AHMED Hawaldar and MUJAHID constable may kindly be terminated from their service who has placed the very dignity of the force at risk. Sd/- DEPUTY COMMISSIONER PANJGUR Copy:
1. The Commissioner Mekran Division at Kech.
From perusal of the above letter it is very clear that on the report of Tehsildar Panjgoor (appellant) both Siraj Ahmed Hawaldar and Mujahid Ali Constable were suspended and while on receiving suspensimi order by the said officials they again contacted Tehsildar Panjgoor on mobile giving threats to him and again used abusive language. It is in fact very disappointing that authorities instead of taking Legal action against those two (2) Levies persons as requested by the Deputy Commissioner Panjgoor from Secretary Home and Tribal Affairs Balochistan Quetta. The authorities have prematurely transferred appellant and encouraged those who are liable to be proceeded against under Levies Rule and Discipline as well as Service Rules. The contentions of respondents are devoid of force and he has closed his eyed on the factual aspect of the matter. This approach of the authorities will further destroy and diminish writ of Government in the relevant areas. This sort of transfers within a period of seven (7) or three (3) months are not only arbitrary but also against the principle of Anita Turab's case, wherein it has been held by Hon'able Supreme Court of Pakistan that normal period of a civil servant on a station is three (3) years except for compelling reasons, which should be' recorded and judicially reviewable. On perusal of record in the light of principles of Anita Turab's case we are of the opinion that the appellant has not been allowed to complete normal period of his transfers which were effected by political figures, which are capricious for all intends and purposes and are based on consideration not in the public interest and as such are not sustainable.
5. Thus while in consideration of the above mentioned reasons we allow this appeal and set-aside the impugned order dated 5-7-2013. With no order as to costs. File after completion be consigned to record.