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1995 SCMR 1035

MUHAMMAD SHAFI vs GOVERNMENT OF PUNJAB through Secretary, Forestry

Citation1995 SCMR 1035
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No, 507/,1, of 1994
Date1994-05-18
Judge(s)Muhammad Rafique Tarar, Manzoor Hussain Sial, Saad Saood Jan
ResultLeave refused

ORDER

1. ' SAAD SAOOD JAN, ACTG. C.J.---The petitioner is Assistant Accounts Officer in the Office of the Chief Conservator of Forests, Northern Zone, Rawalpindi. He has been transferred in the same capacity to the Office of the Director, Budget and Accounts Office, Lahore. He challenged the order of his transfer before the Punjab Service Tribunal on the ground that it was mala fide. The learned Tribunal found this allegation to be without substance, took notice of the provisions of section 9, Civil Servants Act, and held that no civil servant had a vested right to stay posted at one place or feel aggrieved on his transfer to another station. Accordingly, it dismissed the appeal.

2. As rightly pointed out by the learned Tribunal, transfer is an ordinary incidence of service. The material placed on the record by the petitioner is entirely insufficient to establish that his transfer to Lahore was made with mala fide intent. He has already served for more than 30 years in Rawalpindi. The department has now moved him to Lahore cannot be said to have been acted unreasonably.

3. ' Leave is, accordingly, refused.

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