Shabbir Hussain petitioner was working as Vernacular Record Room Clerk in the Office of Deputy Commissioner, Gujranwala. Vide order-dated 24-7-1996 he was transferred as Registration Clerk by the Deputy Commissioner, Gujranwala in place of Mushtaq Ahmad Bajwa and on the basis of the said order he assumed the charge on 28-7-1996. However, vide order-dated 1-8-1996 Shabbir Hussain petitioner was again transferred from the post of Registration Clerk, Tehsil Gujranwala to the post of Clerk Vernacular Record Room. In his place Muhammad Arshad respondent No. 3 has been posted as Registration Clerk. Feeling aggrieved Shabbir Hussain petitioner has filed this writ petition wherein he has challenged the order of his transfer dated 1-8-1996 on the ground that the same is illegal, improper and against the public interest and policy. He maintained that the Commissioner, Gujranwala Division, Gujranwala visited the Bar Association, Gujranwala alongwith the Deputy Commissioner when the complaints against the work and conduct of the Deputy Commissioner were made and that thereafter the Commissioner directed for effecting the transfers in the office of the Deputy Commissioner, Gujranwala and that order dated 24-7-1996 was passed in pursuance thereto. According to him-to accommodate his own person i.e. Muhammad Arshad Khan respondent No.3 -the impugned order dated 1-8-1996 was passed.
2. The comment have been received from the Deputy Commissioner, Gujranwala who took the stand that the order of transfer was not passed by the Commissioner, Gujranwala Division, Gujranwala on 24-7-1996 and that he had exercised his jurisdiction being competent in the matter.
3. I have heard the arguments addressed by the learned counsel for the parties. The main contention of the learned counsel for the petitioner is that in violation of the order of the worthy Commissioner, Gujranwala Division, Gujranwala, on whose direction transfer order dated 24-7-1996 was passed the impugned order dated 1-8-1996 was issued without any legal and factual justification. He added that the order-dated 24-7-1996 was issued in view of tae complaints lodged by the District Bar Association, Gujranwala. I do not agree with him in his contention about the justification for the filing and acceptance of this writ petition. As rightly pointed out by the learned counsel for the respondents there is nothing on record to make out that transfer order dated 24-7- 1996 was passed on the direction of the Commissioner, Gujranwala Division, Gujranwala and that the same has been violated by the Deputy Commissioner, Gujranwala. Had it been so the Commissioner, Gujranwala. Division, Gujranwala must have taken the exception especially when today is 7-9-1996 and the impugned order was passed on 1-8-1996. The Deputy Commissioner, Gujranwala is competent to transfer any of his subordinates as the competent Authority to any seat and place within the District. If any type of tussle is going on between the District Bar Association, Gujranwala on the one side and the Deputy Commissioner, Gujranwala on the other side; Shabbir Hussain petitioner, as a Clerk working under the Deputy Commissioner, Gujranwala cannot be allowed to adopt a recalcitrant and indiscipline attitude. The recitals of the writ petition are enough to make me express the view that he has prima facie crossed the limits. An important aspect of the matter is that Shabbir Hussain was and is working in Gujranwala City prior to 24-7- 1996, on the basis of order dated 24-7-1996 and thereafter on the basis of order dated 1-8-1996.
Legally it is not the right of any civil servant to remain posted at a place and/or a seat of his own choice. As an obedient servant it would be better for Shabbir Hussain petitioner to go to the seat of his posting. He has failed to make out the existence of a prima facie case.
4. There being no merit in this writ petition I dismiss the same. Shabbir Hussain petitioner is a subordinate of the Deputy Commissioner, Gujranwala. There is a lot of difference between the status of both of them and keeping in view this aspect of the matter, I leave the parties to bear their own costs.