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 18-07-2013 with a prayer to set-aside the same.
2. Brief facts giving rise to this appeal are that the appellant has been serving in Health Department Government of Balochistan in BPS-19 (Health Management Cadre). According to the Final Seniority List of B-19 Health Management Cadre and its corrigendum he is at Serial'No, 13-B. Whereas, the Respondent No, 3 is also serving in Health Department Government of Balochistan in B-18 and he belongs to General Cadre. The private Respondent No, 3 is at Serial No, 299 of General Cadre Seniority List. The post of DHO is specified for Health Management Cadre. On 11-03-2013, the appellant was transferred and posted as DHO Kech but on 18-07-2013, the appellant has been transferred from the post of DHO Kech with direction that he shall report to Health Department. In the place of appellant Respondent No, 3 was posted who belongs to General Cadre and is of B-18.
The appellant has been transferred within a period of four (4) months, without completing his tenure or reasonable period. Thus the appellant filed this appeal before this Court on 26-07-2013.
3. On notice, Respondents No, 1 to 3 have filed their objections, wherein they stated that the appellant was transferred due to serious complaints by Divisional Director Mekran at Turbat on 15- 07-2013 and World Health Organization dated 22-04-2013. Thus impugned notification dated 18- 07-2013 is not open to interference. The appellant being a civil servant is liable to serve any where in the province and the competent authority has the legal authority to pass such order/notification.
The service of appellant has been observed in management cadre vide notification dated 18-07- 2013. The Respondent No, 3 has assumed the charge. Lastly the respondents requested for dismissal of the appeal.
4. We have heard learned counsel for appellant, learned Additional Advocate General and learned counsel for Respondent No, 3 and peruse the record with their assistance. It is an admitted position that appellant has been serving as officer of BPS-19 (Health Management Cadre) in Health Department Government of Balochistan, as District health Officer Kech at Turbat. He was posted as DHO Kech at Turbat on 11-03-2013 but on 18-07-2013 he was transferred and directed to report to Health Department on the complaints of World Health Organization dated 22-04-2013 and compliant of Divisional Director Health Makran at Turbat dated 15-07-2013. On perusal of the complaints the negligence of appellant in his respective duty have been alleged. The department shall have to enquired into the allegations in accordance with law and procedure available for the purpose. These sort of allegations does not empower the competent authority to only transfer the appellant from the post of DHO Turbat and appoint a personal of Grade-18 on the post of BPS-19 without any justification. If infact the transfer of appellant was on the basis of allegations contained in the complaints and if there were bona-fide on the part of authority it shall first of all posted an officer of BPS-19 of Health Management Cadre on the post of DHO Kech at Turbat and then within a week initiated disciplinary proceedings against the appellant on the basis of complaints dated above. As such, by not adopting the legal course available to the authority against the appellant. It can be safely concluded that competent authority intended just to accommodate Respondent No, 3 against the principles explained in Constitutional Petition No, 23/2013 (Anita Turab's case) that a civil servant shall not be transferred within a normal period of three (3) years. Unless for reasons or exigencies of service a transfer before expiry of the said period becomes necessary in the opinion of the competent authority". Here in the present case appellant has been transferred on the basis of allegations without adopting proper procedure available to the authority concerned. As such, it can not be termed as reasons or exigencies of service for a transfer before expiry of prescribed period by competent authority on any count.
5. Thus for the forgoing reasons we allow this appeal and set-aside the impugned notification dated 18-07-2013. With no order as to costs. File after completion be consigned to record.