' CH. MUHAMMAD IBRAHIM ZIA, J. --- This appeal by leave of the Court has been filed from the judgment of the Service Tribunal dated 13.11.2013, whereby the appeal filed by respondent No. 1, herein, was accepted.
2. The relevant facts necessary for disposal of this appeal are that the contesting civil servants are serving as Patwari in the Revenue Department. The authority vide order dated 11th September, 2013, transferred the appellant herein from Lawasi to Chatter Domel whereas respondent No. 1 was transferred in his place. Feeling aggrieved from the transfer order dated 11.9.2013, respondent No. 1, filed an appeal before the Service Tribunal, challenging validity of the same. The Service Tribunal accepted the appeal and set aside the transfer order dated 11th September, 2013 through the impugned judgment, hence, this appeal.
3. Raja Shujaat Ali Khan, Advocate, the learned counsel for the appellant, after referring to the necessary facts of the case submitted that the impugned judgment of the Service Tribunal is against the statutory provisions as well as the facts of the case. He submitted that the learned Service Tribunal fell in error of law while neglecting the rules/policy decisions of the Board of Revenue which is the authority under law relating to the subordinate civil servants of the Revenue Department. Whereas, the Minister of the department is not competent to impose ban on the transfers. He further submitted that the appellant deserves to be posted as Patwarl within the Municipal Limits as he has served mainly out of the Municipal area. The judgment of the Service Tribunal is based on misconception of the facts and law. He submitted further that the learned Service Tribunal in the impugned judgment has mainly stressed on the order passed in writ petition sub judice before the High Court.Whereas according to law, it is obligatory for the Service Tribunal to decide the appeal according to the legal and factual proposition raised, while appreciating the statutory provisions of law. The respondent has failed to point out any legal cause of action to challenge the impugned departmental transfer order, therefore, this appeal merits acceptance.
Consequently, by accepting this appeal and recalling the impugned judgment of the Service Tribunal, the impugned departmental transfer order be restored.
4. Conversely, Raja Muhammad Hanif Khan, Advocate, the learned counsel for respondent No. 1, submitted that the arguments of the learned counsel for the appellant are misconceived. He has attempted to build his case upon some decision taken in the meeting of the Board of Revenue.
Whereas, according to the statutory provisions, minutes of meeting of the Board of Revenue have no legal status. The Minister of the department, under Rules of Business, is competent authority and responsible for policy matters and conducting the business of the department, hence, it is not correct to say that the Minister of the Department has no concern with the department's business.
He further submitted that respondent No. 1 was transferred just after a period of 8 months of posting. According to law, transfer after such a short period without any justification is not permissible. He further submitted that the impugned transfer order was issued at the time when according to law and procedure, the process of annual entries of the revenue record to make the same up-to-date, was undergoing. Thus, the impugned judgment of the Service Tribunal is quite in accordance with the principle of law as well as the peculiar facts of this case. This appeal has no substance, hence the same merits dismissal.
5. We have considered the arguments of the learned counsel for the parties and also carefully examined the record. For determination of the controversy, the pleadings of the parties have to be considered. Respondent No. 1 has averred in paras 1 and 2 of the memo. of appeal before the Service Tribunal that he has been previously posted as Patwari, Patwar Circle Dichor Miran, which was a far flung area. Whereas, through the impugned departmental order, he has been transferred just after a period of few months. It is further averred that the authority in the written statement has admitted the contents of paras 1 and 2 of the memo. of appeal as correct.
6. It is also interesting to further mention here that all the factual averments made by the appellant have been admitted by the authority as correct. The only one reason advanced for the transfer is No other reason has been assigned for issuance of the impugned transfer order just after 8 months period. It has also been admitted that respondent served at far flung areas. In this view of the pleadings of the parties, especially the admission of authority on the material factual propositions, the scope of controversy is narrowed down. As the material factual proposition asserted by the respondent in his appeal has been admitted as correct including the posting after 8 months' period; remained posted at far flung areas; and there being no complaint against the respondent in relation to performance of his duties; thus, the material contentions of respondent No. 1 are also supported by the authority in the written statement.
7. A juxtaposed examination of the pleadings of the case makes it clear that while issuing the impugned transfer order, judicious manner has not been adapted by the authority. Mere insertion of the word "AS/ ,L;," is not sufficient for transfer of a civil servant without any useful purpose. In this case, the transferring authority admits the fact that the transfer has been made just after 8 months' time without any complaint regarding the performance of transferee, or any administrative requirement. It has also been admitted that the transferred civil servant remained posted in the far flung areas, thus, the impugned transfer order appears to have been issued in an injudicious manner. This Court in the case reported as Mst. Sabia Aziz v. Director Technical Education & 5 others [2011 SCR 545], while dealing with the matter of posting and transfer of civil servants has observed as follows:--- 15.The word "judicious" ordinarily connotes the meaning of doing an act with wisdom and good sense. In the Black's Law Dictionary, it has been defined as "well considered, discreet and wisely circumspect." The Chambers 20th Centaury Dictionary has assigned it the meanings of "according to sound judgment: possessing sound judgment; discreet", whereas in the Webster's New Explorer Encyclopedic Dictionary definition of this word is "having, exercising, or characterized by sound judgment discreet. In the Qaumi English-Urdu Dictionary published by the following Urdu meanings are assigned to the words "judicious", adj. {{URDU TEXT}} ' Judiciously, adv. {{URDU TEXT}} ' Judiciousness, n. {{URDU TEXT}} ' Thus the consensus of meanings assigned to word "judicious" by all the dictionaries conveys and connotes passing of an order taking an action after due application of mind in consideration of the relevant facts, laws and rules wisely in good sense in exclusion of arbitrariness, favouritism, nepotism or any type of influence or pressure. Broadly speaking the exercise of powers in judicious manner is synonymous to like a judicial judgment, which means to do justice between the concerned interested/ affected and contestant parties keeping the scale of justice balance and even without tilting it into favour of any one of parties.
16.It has been noticed that in majority of the transfer orders the term always used without mentioning type of In our opinion, the prime interest is the public interest and with reference to civil services, it can only be best served by the civil servant by performing his assigned duties with satisfaction of mind, efficiently, honestly, accurately and with the due diligence. The civil servants are paid from the public exchequer for this purpose. Certainly the Departmental Authority is under legal obligation to facilitate their subordinates for peaceful satisfactory performance of their assigned job. The legitimate facilitation to a civil servant enhances his piece of mind which results into better performance. The power of posting and transfer assigned to the authorities, doesn't mean to exercise according to their sweet will or with male fide, either due to victimization, nepotism, favouritism or under any type of pressure including political, social or trade unionism.
The powers are vested for the purpose of achievement of good governance. Therefore, we are of the opinion that powers of posting and transfer must be exercised in a judicious manner meaning thereby with wisdom and good sense..."
8. The transfer order through which the appellant has been posted by transfer also appears to have been issued in an injudicious manner. He was transferred vide order dated 5.9.2013 from Patwar Circle Lawasi and posted in Patwar Circle Hotrari. Whereas just after six days, he was further transferred through the impugned transfer order in which it has been shown that he has been transferred from Lawasi and posted in Patwar Halqa Chatter Domel. According to record at the time of issuance of the impugned transfer order, he was not posted in Patwar Circle Lawasi rather according to the order dated 5.9.2013, he was posted in Patwar Halqa Hotrari. The transfer of the appellant herein from Patwar Halqa Hotrari just after 6 days' stay also indicates that he has also been unnecessarily transferred through the impugned order, thus, the impugned order from this angle is also not sustainable.
9. So far as the minutes of the meeting of Board of Revenue are concerned, as the matter according to both the party's version is still sub judice before the High Court in writ proceedings, therefore, it will not be useful to express any opinion in this regard. However, if for the sake of argument, the contention of counsel for the appellant herein is accepted, even then that is not helpful for the appellant. As observed hereinabove in the light of the pleadings of the parties that the contention of respondent that he remained posted at far flung area, has been admitted by the authority. According to the minutes of the meeting of the Board of Revenue, a civil servant who remained posted in the far flung areas is entitled to be posted in the Municipal area or town area.
Be that as it may, as the matter is sub judice before the High Court in writ petition, the status of the minutes of the meeting of Board of Revenue is yet to be determined, the Service Tribunal has recorded findings relating to these minutes, the High Court has already issued interim injunction.
Thus, in this state of affairs, reference to the minutes of meeting of the Board of Revenue is not of worth consideration and on the basis of these minutes of meeting, the controversy in this appeal cannot be attended.
10.So far as the question of imposing ban by Minister of the department upon the transfers is concerned, as we have in the light of the pleadings of the parties drawn the conclusion, therefore it will be futile to deliberate on this aspect.
' For the above-stated reasons, the appellant has failed to point out any illegality in the impugned judgment, thus, finding no force, this appeal stands dismissed. No order as to costs.