' NASIR ASLAM ZAHID, J.---The following are present:--
1. Mr. Abdul Sami Khawaja, Advocate Supreme Court for the petitioner with petitioner Farrukh J.
Gulzar.
' Mr. Muhammad Asghar Malik, Advocate Supreme Court for respondent No,2 with respondent Ch. Nazir Ahmad.
3. Mr. Altaf Elahi Sheikh, Additional Advocate-General Punjab, on Court Notice.
4. Dr. Qazi M. Mohyuddin, Advocate Supreme Court and Legal Advisor, Punjab Local Government Board, along with Khalid Farooq, Secretary of the Board.
' Haji Malik Jalal Din Dhakoo, M.P.A., Sahiwal, present pursuant to notice.
' This petition has been filed by Farrukh J. Gulzar seeking leave against the interim order dated 12-1- 1998 passed on Civil Miscellaneous No,1 of 1998 in Writ Petition No,526 of 1998 filed by respondent No,2 Ch. Nazir Ahmad against the Secretary, Local Government and Rural Development Department, Punjab, and petitioner Farrukh J. Gulzar. The impugned order of the High Court passed on 12-1-1998 is reproduced here:-- "It is argued that the petitioner(respondent No,2 before this Court) has been prematurely transferred at the behest of local M.P.A. In this behalf reference is made to Annexures B and C.
2. In order to better appreciate the grievance of the petitioner I would like to hear respondent No, 1 .
3. Rana Muhammad Arif, learned Additional Advocate-General is present on Court's call. Let copy of the petition be made over to him to obtain a report and instructions from respondent No,1 who shall be represented on the next date of hearing by a responsible officer alongwith complete record.
Civil Miscellaneous No, 1 of 1998
4. Notice for an early date. In the meanwhile operation of the impugned order is suspended."
' In the present petition for leave the interim order on Civil Miscellaneous No,1 of 1998 granting interim relief to respondent No,2 Ch. Nazir Ahmad (petitioner in the writ petition) has been challenged. It was argued that the High Court had no jurisdiction to pass the impugned order in view of the bar contained in Article 212 of the Constitution, the transfers relating to terms and conditions of service of the Government employees, namely, petition Farrukh J. Gulzar and respondent No,2 Ch. Nazir Ahmad.
2. In the High Court, writ petitioner Ch. Nazir Ahmad, who was posted as Accounts Officer Zila Council, Sahiwal, had taken up the plea that petitioner Farrukh J.Gulzar had exerted political pressure on the Secretary Local Government and Rural Development Department through Haji Malik Jalal Din Dhakoo, M.P.A., Sahiwal, for his posting and transfer as Accounts Officer Zila Council Sahiwal vide letters dated 15-121997 and 16-12-1997 addressed by the said M.P.A. To Secretary of the Board (at that time Tajjamal Hussain Rizvi). The said two letters are reproduced here:-- "Haji Malik Jalal. Din Dhakoo M.P.A. Sahiwal ' Ref.No, ,..Date 15-12-1997 {{URDU TEXT}} ' PROVINCIAL ASSEMBLY OF THE PUNJAB {{URDU TEXT}} 16-12-97 ' It appears that, pursuant to the said letters, transfers orders had been passed on the desire of M.P.A. Haji Malik Jalal Din Dhakoo as observed, on the writ petition filed by Ch. Nazir Ahmad, the High . Court called for report and, on the application for interim relief, the operation of the impugned order transferring Ch. Nazir Ahmad was suspended, which interim order has been challenged in the present petition for leave.
3. When this petition for leave came up in Chambers for interim orders, learned counsel appearing for petitioner Farrukh J. Gulzar submitted that the said two letters were apparently forged and perhaps were not available on the record of the department to the information of the petitioner. In the circumstances, notice was issued to the Secretary, Local Government and Rural Development Department, Lahore, to produce the original record.
' On 27-3-1998, the record was produced which contained. The said two letters in original written by the M.P.A. It was further found that the letters had been diarized and, according to the representative of the Department, Tajjamal Hussain Rizvi, then Secretary of the Board, had initialled the two letters, which showed that the said two letters were received by the Secretary of the Board from the M.P.A. And had been placed on record.
' On that day, Mr. Altaf Elahi Sheikh, learned Additional Advocate-General, Punjab, informed on instructions, that petitioner Farrukh J. Gulzar had been transferred to Multan and respondent Nazir Ahmad had not taken over the charge at Lahore and was still at Sahiwal and this was on account of the order passed by the Lahore High Court. By order dated 27-3-1998, this Court suspended the interim order passed by the High Court to the extent of staying the transfer of Ch. Nazir Ahmad to Lahore and the effect was that Ch. Nazir Ahmad was required to report immediately and take over charge of the post at Lahore. The hearing was then adjourned to 22-4-1998 with the direction to the petitioner, respondent No,2, M.P.A. Sahiwal and Tajjamal Hussain Rizvi, Secretary of the Board to be present in Court. When the matter was taken up on 22-4-1998, it was informed by the office that the M.P.A. Could not be served and the case was then adjourned for today.
4. Today, as observed, all the parties as well as Haji Malik Jalal Din Dhakoo, M.P.A. Sahiwal, are present. On being asked as to why the two letters were written by him to the Secretary of the Board, M.P.A. Haji Malik Jalal Din Dhakoo, first acknowledged that he had written the said letters, but then stated that these letters were written by him in good faith and in the interest of the people of his area. It was stated by the M.P.A. That he had received a number of complaints from different quarters that respondent No,2 Ch.Nazir Ahmad had remained in Sahiwal for a period much exceeding 3 years, the normal period of posting at a place, and this he had arranged through influence, and a request was also made that if Ch.Nazir Ahmad was transferred from Sahiwal in his place Farrukh J. Gulzar, who was a good officer may he posted in his place. It was submitted by the M.P.A. That whatever he had done was done with sincerity and in all humility and at the instance of the people of the area and that he had no personal interest in getting the transfers made.
' It was pointed out very clearly to the M.P.A. That his action in writing the said two letters in effect amounted to requiring the Secretary to make the transfers and that this was an improper action on the part of the M.P.A. It was emphasised that there was a transfer policy of the Government and all transfers should be made in accordance with such transfer policy in the Local Council Offices also till such time the Local Government and Rural Development Department adopted a new policy of its own for the employees. It was further pointed out to the M.P.A. That even if he had received complaints or recommendations, it was not within the jurisdiction of the M.P.A. To give a direction or make a request to the Secretary to effect the transfers on the basis of such complaints or recommendations. It was emphasized that no recommendations should be made as had been done and, if there were any complaints, the concerned parties should have been asked to address the complaints to the concerned Department and in case no action was taken on such complaints by the concerned Department, further action could be taken by the complainants in accordance with law and the rules.
5. Haji Malik Jalal Din Dhakoo, M.P.A. From Sahiwal, submitted that he had understood what was intimated to him by the Court and that in future he would not take- any action which may amount to interference with the performance of the functions of any Department according to the applicable law and rules.
6. Dr. Qazi M. Mohyuddin, learned Advocate Supreme Court and Legal Advisor, Punjab Local Government Board, informs that the previous Secretary, Tajjamal Hussain Rizvi, has been transferred and in his place Khalid Farooq has taken over as Secretary to the Board and that, by Notification dated 26-5-1998, the Punjab Local Government Board has approved a transfer policy for the employees of the Local Councils, provisions whereof have generally been drawn from the approved Government transfer policy. Copy of the Notification dated 26-5-1998 has been placed on record.
' It is further stated by Dr. Qazi M. Mohyuddin that in future all transfers will be made strictly in accordance with the transfer policy that has been approved and that the cases of petitioner Farrukh J. Gulzar and respondent No,2 Ch. Nazir Ahmad will be reconsidered in the light of the said policy and fresh decision will be taken within one month from today in their cases regarding their transfers/postings. This statement is also taken on record.
7. In the circumstances, this petition is not pressed by Mr. Abdul Sami Khawaja, learned Advocate Supreme Court for the petitioner. Mr. Muhammad Asghar Malik, learned Advocate Supreme Court for respondent No,2 Ch. Nazir Ahmad, states that he will file a formal application within 15 days from today for withdrawal of Writ Petition No,526 of 1998 filed by his client before the Lahore High Court.
8. The ad-interim order dated 12-1-1998 passed on Civil Miscellaneous No,1 of 1998 in Writ Petition No,526 of 1998 by the Lahore High Court has already been suspended. The Writ Petition will be withdrawn by respondent No,2 within 15 days from today as undertaken by his counsel. In the circumstances, Civil Petition No,356-L of 1998 is not pressed and stands disposed of as such.