' The petitioner seems to be aggrieved against the letter dated 2-2-1999, photo copy of the letter is attached at page 8 of the writ petition allegedly written by Ch. Nazir Ahmed, MPA, former Minister Housing Punjab to Syed Afzal Ali Shah, Minister Housing Punjab, Lahore to transfer Waseem Ahmad Bajwa in place of the petitioner. The petitioner apprehends that his letter will be acted upon and the petitioner shall again be transferred.
2. Learned counsel for the petitioner contended that one Ghulam Sarwar Bhatti filed writ petition in the similar circumstances which was disposed of by my learned brother K.N. Bhandari, J., vide order dated 6-8-1998 in the following terms: "The law on the subject has been laid down in the judgment reported as Zahid Akhtar v. Province of Punjab (1995 SCMR 530) and judgment of this Court dated 16-4-1998 passed in Writ Petition No.23307 of 1997. It is expected that the respondent No.1 will act in accordance with the declared law of the land rather than being influenced by extraneous political factors. This petition in the circumstances is disposed of with the above observation".
' Learned counsel for the petitioner further contended that the letter dated 2-2-1999 clearly reveals that local MPA requested the Minister Housing Punjab to give direction to Secretary, which is contrary to the spirit of the Constitution. He further relied upon the Articles 129 and 130 of the Constitution, that the Secretary is responsible to act in accordance with law. In case the direction of the Minister is not in accordance with law then he is not bound to accept the direction of the Minister. He further urged that it is the duty and obligation of the Secretary to refer back the matter to the Minister that it is not permissible in the Constitution and law. He further urged that the petitioner is governed by Civil Servants Act, 1974 and Rules framed thereunder. The Minister is not figured in the aforesaid provisions of law which has been framed under Article 240 (clause B) of the Constitution.
3. In these circumstances, let a copy of this writ petition be sent to respondent No.1, who shall look into the matter personally and pass an appropriate order strictly in accordance with law.
4. With these observations, the writ petition is disposed of.