' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question order dated 25-9-1988 passed by the Director, Local Government and Rural Development, Sargodha Division, Sargodha, at the instance of the Minister, Local Government and Rural Development Department, Punjab, (hereinafter called as LG & RD), whereby the petitioner was transferred from R.D. Markaz, Sargodha, to report in the Directorate of LG & RD vice respondent No, 2.
2. Briefly, the facts are that after completing his normal tenure of 3-1/2 years at R.D. Markaz, Quaidabad, District Khushab, the petitioner was transferred to Shahpur Saddar by order dated 27- 8-1988 of the Director, LG & RD, Sargodha Division, Sargodha, in the exigencies of service and in the public interest. Subsequently, after seven days, at the instance of the Minister for LG & RD, the petitioner was again transferred to R.D. Markaz, Bhangi Khalil, District Mianwali, to accommodate one Khalid Mahmood, Sub-Engineer. The matter did not end there and three days had hardly elapsed when on 10-9-1988 respondent No, 1 passed another order at the instance of the Minister transferring the petitioner to R.D. Markaz, Sargodha. In consequence, the petitioner joined the new place of posting on the same day. Fifteen days thereafter at the instance of the Minister and in order to accommodate respondent No, 2, the petitioner was again transferred from Sargodha Saddar and was directed to report in the Directorate of LG & RD for further posting by order dated 25-9-1988 of the Director LG & RD, Sargodha Division, Sargodha.
3. In the exercise of the powers conferred by section 23 of the Punjab Civil Servants Act, 1974, the Governor of the Punjab, made the rules, namely, Director of People's Works Programmed Delegation of Powers Rules, 1978. According to serial No, 15 of the Schedule annexed with the said rules, the Director LG & RD within the Division is the competent authority for appointment and transfer of overseer (now redesigned as Sub-Engineer). The Board of Revenue, Punjab, Lahore, has also circulated the Chief Minister's directive regarding ban on recruitment vide memo. No, 1967- 89/1945-E(F)-IV, dated 14-3-1989 to the effect that the Chief Minister, Punjab, has allowed the Minister to make appointments from Grade-1 to 15 except 17 posts including that of the Sub- Engineer mentioned in the aforesaid memorandum. The learned Additional Advocate-General is unable to quote any rule or provision of law which authorizes the Minister to direct transfer of a Sub-Engineer in the LG & RD. It would thus be seen that the Minister, LG & RD had no authority to transfer a Sub-Engineer of his Department under any provision of law/rule or instructions made by the competent authority. Clearly, the Dirctor LG & RD, who is the competent authority, has not passed the impugned order of transfer after independent application of his mind, but in pursuance of the order of the Minister, who had no jurisdiction in the matter. On this short ground alone, the impugned order is liable to be quashed. The difficulty, however, is that if the impugned order is quashed, the result would be that the previous order dated 10-9-1988 of the Director, LG & RD will hold the field which has also been passed on the direction of the Minister. Likewise, the previous orders dated 10-9-1988 and 25-9-1988 have also been passed by the Director LG & RD in pursuance of the orders of the Minister except the order dated 27-8-1988 which has been passed by the Director himself. Since this order does not hold the field and the question of posting and transfer is essentially for the competent authority to decide and this Court in the exercise of its Constitutional jurisdiction cannot substitute its decision for that of the administrative authority, it would not be appropriate to restore the order dated 27-8-1988 of the Director LG & RD in these proceedings.
4. In view of the above, the impugned order dated 25-9-1988 of the Director, LG & RD, Sargodha Division, Sargodha, is hereby declared as without lawful authority and of no legal effect. The result is that the Director, LG & RD, Sargodha Division, shall pass a fresh order regarding posting and transfer of the petitioner and respondent No, 2 herein as he may deem fit, in the exigencies of service and in accordance with law. With a view not to disturb the working of the Department, the petitioner shall continue working in his present post till fresh orders are passed by the competent authority, namely, the Director, LG & RD, Sargodha Division, Sargodha, within two weeks and in accordance with law. To this extent the writ petition is accepted, but the parties shall bear their own costs.