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2001 PLC (C.S.) 1251

SARFRAZ vs SECRETARY TO GOVERNMENT OF THE PUNJAB, HEALTH

Citation2001 PLC (C.S.) 1251
CourtLahore High Court
Case No.Writ Petition No,10272 of 1999
Date1999-06-08
Judge(s)Karamat Nazir Bhandari
ResultOrder accordingly

ORDER

' ' Petitioner, claiming to be a social worker, has filed this petition as pro bono public to question the legality of the order, dated 12-5-1999 whereby the earlier order of transfer of respondent No,5, a civil servant was cancelled.

2. It is contended that there were lot of complaints against respondent No,5 as a result of which she was transferred but now she has been successful in utilizing the influence of the Minister to have the transfer undone. Reliance is placed on endorsement made on the impugned order.

3. The matter is purely administrative and it is doubtful if the petitioner has the locus standi as he may not be an aggrieved person within the meaning of Article 199 of the Constitution. Learned counsel, however is correct that in the scheme of things and in view of number of judgments of the Supreme Court, a Minister and for that matter MNAs/MPAs can hardly interfere in matters of postings and transfers. If so advised, the petitioner may make a representation to Secretary Health, who is directed to decide the same in accordance with law, after providing him an opportunity to substantiate his point of view. It is expected that while deciding representation, the learned Secretary will keep in view the pronouncements of the Supreme Court on the subject.

4. With the above observation/direction, this petition is disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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