Nasrullah Khan Achakzai, Chairman.--The appellant has filed this service appeal under Section 4 of the Balochistan Service Tribunals Act, 1974, against Notification dated 02-08-2013, with a prayer to set-aside the same.
2. Brief facts giving rise to this appeal are that the appellant had joined Irrigation Department Government of Balochistan as Sub Division Officer in the year 1984. Due to his excellent performance and seniority he had got promotion from time to time and presently he is discharging his duty as Superintending Engineer (B-19) and is the senior most in B-19. During his service he has always been made a rolling stone. On 05-04-2010 he was transferred from the post of Acting Superintending Engineer Irrigation Circle Mekran with direction to report to Irrigation Department.
The appellant had filed appeal before this Tribunal and on the direction of this Tribunal he was posted as Acting General Manager (RD) BIDA Quetta on 02-08-2010. On 28.03.2012, the appellant was transferred to QWSEI Project Quetta. On 30-08-2012, the appellant was again transferred with the direction to report to Irrigation Department. The appellant remained OSD for about five (5) months, when on 21-01-2013 he was posted as Project Director Shadi Core Dam. On 02-08-2013, once again the appellant was transferred and posted as Project Director Bolan Dam Project, while on his place a junior officer of B-18 (Respondent No, 2). was posted.
3. On notice, Respondent No, 1 and 2 have filed their respective objections wherein Respondent No, 1 stated that appellant is not efficient he had been censured for committing financial irregularities, so his name has been listed as the most ill reputed officer of the Irrigation Department. His inefficiency, lack of interest in his duty, blackmailing his seniors and junior Officers has remained in his service history. Complaints and references received from NAB and Duty Commissioner Gawadar are there on record. Shadi Core Dam is one of the most important Project Federally funded in the coastal area of Balochistan, which is very vital for the Economic Development of the said area. The appellant has failed to manage and supervise this important project and his relation with contractors and consultants are very poor. Due to his negligence there is serious apprehension that the Project will become a failure. The tenure of the appellant can not be honoured in cases of absence, inefficiency, poor commitment, indiscipline manner, lack of interest in duty and other mal practices, which will surely spoil this important Project: The appellant should have filed departmental appeal before approaching this Tribunal, while Respondent No, 2 states in his reply that a civil servant can be transferred by competent authority from one post to other in the interest of public service.
4. We have heard learned counsel for appellant, learned Additional Advocate General and learned counsel for Respondent No, 2 and have perused the record with their assistance, considered their respective contentions. It is to be noted that on 28-02-2013, many people of the area have filed complaints to the worthy Governor of Balochistan about the inefficiency, absence and lack of interest in the project by the appellant with a request that the appellant should be removed from the Directorship of the Project. The National Accountability Bearue Balochistan has also on 03-05- 2013 stated in the best of the Project and the people of the areas, it is requested that the present Project Director (appellant) may be removed and a competent and honest Project Director may be appointed for the steady and optional execution of the above project. The applications of the people of the area and recommendations of NAB Balochistan has further been corroborated by Deputy Commissioner Gawadar dated 18-07-2013, wherein he stated that the absence and disinterested Project Director Shadi Core Dam required to be removed and substituted by a spirited professional officer and entire Project needs to be revisited/reviewed and supervised for earliest completion and qualitative works for the greater benefit of drought hit Agriculturist and thirst starved inhabitants of Gawadar District. The reminder of Deputy Commissioner Gawadar to Secretary Irrigation Department dated 15-08-2013 shows that perpetual absenteeism of Project Director Shadi Core Dam is seriously hindering the phase of construction work of Shadi Core Dam thereby availability of a professional, punctual and committed officer as Project Director is indispensably solicited from you end. It is once again requested for the timely intervention into the matter of Shadi Core Dam for the greater interest of the Water thirst inhabitants of Gawadar District.
5. Thus from the above stated facts and reasons we are of the view that the Project Director (appellant) has not only failed to perform his duty with commitment but also failed to came on the expectations of the competent authority and general public as a whole. So far as normal period or tenure on the post of. Project Director is concerned. We can only interfere in the transfer order which has been passed on extraneous consideration, but not in the genuine cases just like the present one. Herein this case competent authority has stated compelling reasons, which have got due support from the record and as such, although this transfer has been passed within a period of less than eight (8) months. But the authorities have got proper justification for the same as stated above.
6. Thus in our view the authorities have not violated the principles enunciated in Syed Muhammad Akhtar Naqvi's case reported in PLD 2013 Supreme Court Page 195. Thus, while in consideration of the above stated reasons we do not see any reason to interfere in the impugned order dated 02- 08-2013, consequently the appeal, is dismissed. With no order as to costs. File after completion be consigned to record.