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 03.07.2013, with a prayer to set-aside the same.
2. The brief facts giving rise to this appeal are that on 29.11.2012, the appellant was posted as Principal Bolan Medical College Quetta, while prior to him the private Respondent No, 4 was functioning as Principal Bolan Medical College Quetta. Thereafter, a report/complaint was filed against the private Respondent No, 4 with NAB Authorities Balochistan; wherein it was prayed that an inquiry or investigation be initiated against the private Respondent No, 4, whereas on the basis of said complaint an inquiry was started by NAB Authorities and consequently the Secretary Health Government of Balochistan was directed to handover the relevant record pertaining to allegations.
As a result, the appellant was directed to supply the required information/material. As such, the appellant in compliance of his official commitment provided relevant information/record to the concerned authorities and in consequence of inquiry the NAB Authorities Balochistan procured sufficient evidence against the private Respondent No,
4. Whereby, in order to save the culprits involved in corrupt practices while certain attempts were also made and lastly on 03-07-2013 the appellant was transferred from the post of Principal Bolan Medical College Quetta and was directed to report to Health Department Balochistan Quetta and the private Respondent No, 4 was posted as Principal Bolan Medical College Quetta. Hence, being aggrieved from the same the appellant filed the instant appeal before this Court on 05.07.2013.
3. On notice, the Respondents No, 1 to 4 have filed their objections, wherein they contended that it is the discretion of Government to make postings transfers as it is the terms and conditions of the service. Whereas, the private Respondent No, 4 is the most senior Professor of BPS-21 in Health Department as.well as she is the Head of Gynecology Department Bolan Medical College Quetta.
While, she had remained as Principal Bolan Medical College Quetta for a sufficient period, whereas the Appellant is of BPS-20 and is also junior to the private Respondent No,
4. Furthermore, it is the authority of Government to decide the suitability of incumbents and this power can not be interfered by any Court including this Tribunal. Whereas, the impugned notification has already been acted upon and she (the private Respondent No, 4) had already resumed the charge as Principal Bolan Medical College Quetta.
4. We have heard learned counsels for appellant, learned Additional Advocate General for official respondents and counsels for private Respondent No, 4 and have perused the record with their able assistance. It is an admitted position that appellant was posted as Principal Bolan Medical College Quetta on 29-11-2012. Whereas, the post of Principal Bolan Medical College is of BPS-20 as reflected in Budget for the years 2013 to 2014 of Government of Balochistan, while the appellant is also an officer of BPS-20 and his posting as Principal Bolan Medical College in our considered view was proper for all intends and purposes. His transfer from the .post of Principal Bolan Medical College within a period of less man eight (8) months not only shows lack of the principles of good governance but also adversely effects devotion, attachment and dutifulness of the incumbents.
Furthermore, this sort of pre-mature transfers certainly creates 'restlessness, in-confidence to work with devotion by the incumbents. Furthermore, no reasons appealable to a man of common prudence has been shown by the competent authority. No doubt there is no cavil with the proposition and principle of law that competent authority has the power to transfer any civil servant from one station or place to other station of place, but subject to the conditions that the said order has to be passed within the parameters explained from time to time by superior Courts in their Judgments on the subject. In this behalf we are fortified by the Anita Ayub's case, wherein it has been held by their lordship that the normal period of posting of a. Government servant at a station according to Rule 21 of the Rule of Business is three (3) years, which has to be followed in ordinary circumstances, unless for the reasons or exigencies of service a transfer before expiry of the said period necessary in the opinion of the competent authority. Whereas, in the present case competent authority has not given plausible reasons appealable to the prudence of common man nor showed any exigency as to why this transfer was so necessary within a period of less than eight
(8) months. Thus, on the basis of principles enunciated by the apex Court in Anita Ayub's case supra the impugned notification dated 03-07-2013 is not sustainable. Furthermore, the private Respondent No, 4 is of BPS-21 and also she has not explained as to why and under which circumstances she had agree to work on the post of BPS-20, whereas this approach of the private Respondent No, 4 is beyond our comprehension. We have been observing that civil servants of lower grade are always ready to work on the-posts of higher grades on acting-charge-basis etc. but have not seen or observed such a situation as in the present case, wherein the private Respondent No, 4 being an officer of BPS-21 is ready to work on a post of BPS-20, without realizing the fact that what will the third person of a civil society will think about this approach of the private Respondent No,
4. Whereas, the case laws referred by the counsels of private Respondent No, 4, (i)
' 2005 SCMR Page 442 titled Muhammad Alam Jan Vs. Government of NWFP and others (ii) PLD 1993 Lahore Page 237 titled WAPDA Vs. Pakistan Atomic Energy Commission Islamabad are not relevant in the present case.
5. Thus for the above mentioned reasons we allow this appeal and set-aside the impugned notification dated 03-07-2013 with no order as to costs. File after completion be consigned to record.