1. ' WALI MUHAMMAD KHAN, J.---Nazir Hussain, petitioner herein, seeks leave to appeal against the judgment of the Peshawar High Court, dated 1-7-1991, whereby his Writ Petition No,358 of 1990 challenging the order, dated 16-8-1990, transferring him from the post of Director, Excise and Taxation, N.-W.F.P., Peshawar to the post of Deputy Secretary, Board of Revenue and posting of Muhammad Riaz Khan in his place vide the same order, was dismissed.
2. ' We have heard Mr. Attiqur Rehman Qazi, Advocate, for the petitioner; Mr. M. Sardar Khan, Advocate-General, N.-W.F.P., for the State; and have perused the record of the case.
3. Under section 10 of the N.-W.F.P. Civil Servants Act, 1973 any civil servant is liable to transfer anywhere within or outside the province to any post under the Federal Government or any Provincial Government or local authority or corporation or body set up or established by any such Government and the Government employee cannot object to his transfer. The petitioner was transferred from the post of Director, Excise and Taxation by the Government of N.-W.F.P. And in his place respondent No,3 was posted. This was within the power of the transferring authority/respondent No,1 and could not be legally assailed by the petitioner. The impugned order of High Court, therefore, does not suffer from any legal infirmity.
4. ' The instant petition is, accordingly, dismissed and leave to appeal is refused.