' Petitioner Miss. Maryam Saba through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 seeks that the impugned order dated 12-4-1995 be declared illegal, unlawful mala fide and based upon political pressure issued by the respondent No, 1.
2. Briefly, the fact of the case are that the petitioner was appointed as P.T.C. Teacher (female) on 28-3-1993 and was posted at Government Madrissatul Binat High School, Chiniot and since then she is working as P.T.C. Teacher in the school. The petitioner was transferred from the above said school on 12-9-1994 to Nusrat Government Girls Primary School, Pathan Kot, Tehsil Chiniot, District Jhang; petitioner made an application for cancellation of the transfer order to the Director, Public Instructions Education, Punjab who passed the following order:-- "Please cancel the transfer order made on political basis during ban"
' The transfer order of the petitioner was cancelled by the D.E.O. Vide order dated 28-2-1995. The petitioner has now again been transferred by respondent No, 1 and she has restored the previous transfer order dated 12-9-1994, ignoring the cancellation orders passed by the DPI and the District Education Officer.
3. Learned counsel for the petitioner contended that the order dated '12-9-1994 issued by respondent No, 1 is based on mala fide intention and ulterior motives and is a result of political pressure and has also been issued during the ban. Further contended that the petitioner has already approached the higher authorities and the transfer order was cancelled but the respondent No, 1 has now again issued the transfer order of the petitioner with mala fide intention.
4. Learned counsel for the respondents opposed the petition.
5. I have heard the arguments advanced by the learned counsel for the parties and have perused the record with their able assistance. It is worth to reproduce the order passed by the Director, Public Instructions Education, Punjab, dated 26-2-1995:-- 'Please cancel the transfer order made on political basis during ban".
' This order itself is sufficient to show malice on the part of respondent No,
1. Further respondent No,1 has acted beyond his jurisdiction as has superseded the order of his superior which is nothing but misconduct on the part of respondent No,
1. I am, therefore, of the view that respondent No, 1 has passed the transfer order with mala fide intention just to please some influential persons which is not permissible under the law. No body should be allowed to I make the petitioner shuttle-cock just to favour influential one. It is made clear that law and Courts of law exist to protect the fundamental rights of every citizen and no one how much influential be allowed to do wrong acts and harass any one for ulterior motives.
6. Resultantly, I accept the writ petition and set aside the order dated 12-4-1995. There shall be no order as to costs.