' NOOR-UL-HAQ N. QURESHI, J. --- Through the instant writ petition, petitioner seeks following relief:- "Under the above circumstances, it is respectfully prayed that impugned order (Annexure "A) may kindly be declared as illegal, unlawful, without lawful authority and having no legal effects against the rights of the petitioner with the directions to respondent No, 2 not to obey the illegal order of respondent No, 1 and allow the petitioner to complete his remaining period of deputation."
2. As per facts narrated in the Writ Petition are that the petitioner has joined his service in Pakistan Council of Scientific and Industrial Research on 11.9.1985 and promoted by the space of time upto BSP-19. The services of the petitioner were borrowed by respondent No, 2 from PCSIR as Director on deputation on 23.8.2012 on standard terms and conditions on deputation. The petitioner has been performing his duty as Director Accreditation and Coordination upto the entire satisfaction of respondent No,
2. The respondent No, 1 issued order dated 22.01.2014 wherein, the deputation period of the petitioner has been stated beyond rules and it was requested from respondent No, 2 to repatriate him to his parent department, therefore, the said act of respondent No, 1 is impugned through the instant writ petition.
3. In response to the notice issued, respondents submitted their comments, to which, they vehemently denied claim of the petitioner.
4. Mr. Amjad Saeed Awan, S.O. (Legal), Establishment Division has produced notifications dated 10th July, 2014 and 21st July, 2014 showing that notification dated 22.01.2014 regarding repatriation of petitioner to his parent department is withdrawn as ab-initio.
5. Arguments heard. Record perused.
6. It is observed Establishment Division by issuing such type of notification impugned in the instant writ petition acts contrary to law. This appears to be an act tainted with ma/a fide for their ill achievement, later on same was withdrawn ab-initio vide notification dated 10.7.2014. The petition having become infructuous in view of such withdrawal of the impugned notification dated 22.01.2014, but viewed adversely. The high officers dealing with such matter shall remain careful to keep strict vigilant over their subordinate officials/officers, who appears to have misguided them.
Such misguidance though not tolerable warrant stern action at departmental level. However, such practice being illegal if observed continue, serious view will be drawn against the responsible officers.
7. With these observations, the instant writ petition stands disposed of.