' MUHAMMAD QAIM JAN KHAN (CHAIRMAN).---The instant service appeal has been preferred by Mst.
Rukhsana Shaheen, against the office order, dated 8-11-1993 passed by the Director-General Health Service N.-W.F.P., Peshawar, whereby the posting/transfer order issued vide their Directorate Office Order bearing No,15576-78/E-III, dated 15-8-1993, was cancelled, as desired by the Health Minister, Government of N.-W.F.P. Peshawar. The appellant further alleged that she had preferred an appeal in this Tribunal, but as the Chairman was not in chair, so the appellant instituted a writ petition in the Honourable Peshawar High Court, Peshawar, which was later on dismissed as withdrawn, as the Honourable High Court had no powers regarding the terms and conditions of service of the appellant. The appellant alleges that she was working as L.H.V. At B.H.U. Jan Khan Killi, Khyber Agency and vide officer order dated 8-10-1992, the appellant was transferred to B.H.U.
Takhatabad by the Divisional Director, Health Service, Peshawar. That in pursuance of the said order, a letter bearing No,144007/DHO/E-12, dated 17-10-1992 was also issued by the Director, Health Services and the Medical Officer I/C B.H.U., Takhatabad, District Peshawar was directed to relieve respondent No,5 of the duties. That the said order was duly complied and the appellant took the charge of her new posting at Takhat Abad BHU. Later on, after assuming the charge by the appellant, she was again transferred to her previous post and respondent No,5 was again posted in place of the appellant. That vide office order dated 27-4-1993, passed by the Director-General, Health, the appellant was again posted to B.H.U., Takhtabad, Peshawar in place of respondent No,5 and she accordingly assumed the charge and respondent No,5 who was under transfer order did not assume the charge at BHU, Jan Killi Khyber Agency, and again a transfer order was issued vide No,6881-84/E-III, dated 6-7-1993 to the effect that respondent No,5 should remain attached with B.H.U. Takhtabad and the services of the appellant were placed at the disposal of the Divisional Director, Health Services, Peshawar, for further posting in Peshawar District, issued by Director- General, Health Services, N.-W.F.P., Peshawar. Thereafter, the above-noted order was cancelled and fresh order vide No,1557-78/E-III, dated 15-8-1993 was passed to the effect that the appellant was transferred to B.H.U. Takhtabad, respondent No,5 was placed at the disposal of D.H.S., Peshawar for further posting. The Director-General, Health Services, N.-W.F.P., Peshawar, again passed another order dated 8-11-1993, which is reproduced as under:-- "The posting/transfer order issued vide this Directorate Office Order, bearing Endst. No,155576-78/E- III, dated 15-8-1993, is hereby cancelled as desired by the Health Minister, N.-W.F.P."
' That no result of department appeal was communicated to the appellant. The grounds of appeal are that the impugned orders are against facts, law and material on record, hence not tenable, and is liable to cancellation. That when the appellant was first transferred to B.H.U., Takhtabad and she took the charge, therefore, her further transfer or cancellation of the order without any cogent reasons is illegal, against the principles of natural justice and law. That the appellant had not completed her normal tenure and thus the impugned order is also against the norms of natural justice. Moreover, the impugned order clearly shows that it was the Health Minister who was interested in respondent No,5 and the appellant was made a victim for no fault on her part. The prayer in the appeal is that the impugned order, dated 8-11-1993 be cancelled and the order dated 15-8-1993 be restored accordingly.
2. The respondents were served, they appeared in this Tribunal through their representatives and counsel. It is to be noted that the name of respondent No,1 is deleted from the list of respondents vide Sheet No,4 of this Tribunal dated 16-11-1994. The respondents have submitted their reply alongwith photo copies of documents and consequently detailed arguments of Mr. Ajmal Zeb, Advocate, counsel for the appellant, Mr. Muhammad Shafi, Government Pleader on behalf of respondents Nos.2 to 4 and Mr. Muhammad Iqbal Khalil, Advocate, counsel for respondent No,5 have been heard and case filed perused.
3. The case is simple and clear. As reflected from the record, that respondents have followed the shameful exercise of their powers of transfers and within a span of one year a bundle of orders and cancellation orders have been passed regarding the fate of two L.H,Vs. Normally if there is no complaint against a Government servant, he should be allowed to remain at his place of posting for at least 3 years. This rule has been flagrantly violated in the instant case. A perusal of Annexure 'B' to Annexure T clearly shows that the respondents' department has made the appellant a scapegoat for no fault on her side. On the other hand respondent No,5 had remained for about 7/8 years at Takhtabad and she has been left undisturbed. On legal side if there is a little delay on the part of the appellant, that was due to the absence of the Chairman of the Service Tribunal as the learned incumbent has been appointed a Judge of the High Court and his successor had not taken over the charge as yet, so a gap has occurred and this delay is not fatal too the case of the appellant and is hereby condoned, as the reasons were beyond the control of the appellant. The objection of the learned counsel for the respondent No,5 holds no ground as the departmental appeal of the appellant dated 15-10-1993 is available on case file, the contention of learned counsel for respondent No,5 is also not tenable that this order has not been challenged because the very first order has been impugned by the appellant, therefore, this objection is of no avail. In brief as apparently there is no complaint against the appellant and she has completed her 3 years' tenure at Jan Khan Kill Khyber Agency so her transfer order to B.H.U. Takhtabad is quite legal and the cancellation orders passed at the behest of the Health Minister are based on mala fide, therefore, the appeal in hand is accepted. The order, dated 8-11-1993 and all the relevant orders connected therewith are hereby cancelled and order dated 15-8-1993 is hereby restored. Parties are left to bear their own costs. File be consigned to the record.