Pakistan Case Law
1992 SCMR 1843

NAZIR HUSSAIN, (EXDIRECTOR EXCISE AND TAXATION), ADMINISTRATOR, AUQA_1d16d6fe

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Citation1992 SCMR 1843
CourtSupreme Court of Pakistan
Case No.Civil Petition No.201‑P of 1991
Date1992-05-20
Judge(s)Muhammad Afzal Zullah, CJ. and Wali Muhammad Khan
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition for leave to appeal against a judgment of the Peshawar High Court, which dismissed a writ petition challenging the transfer of the petitioner from his position as Director, Excise and Taxation, N.-W.F.P., to the post of Deputy Secretary, Board of Revenue. The core legal question before the Supreme Court was whether the government's order transferring the petitioner was legally valid and whether a civil servant possesses the right to challenge such a transfer. The Supreme Court held that the transfer was within the lawful authority of the government. The Court determined that under the relevant statutory provisions, a civil servant is liable to be transferred anywhere within or outside the province to any post under the Federal or Provincial Government, local authority, or corporation. Consequently, the Court ruled that the petitioner could not legally object to the transfer order. The petition was dismissed, and leave to appeal was refused, affirming the principle that transfers of civil servants are an inherent administrative prerogative of the government and are not subject to challenge by the employee.

Questions settled in this judgment
  • Is a civil servant entitled to challenge an order of transfer under the N.-W.F.P. Civil Servants Act, 1973?
  • Does the government have the authority to transfer a civil servant to any post under the Federal or Provincial Government?
Laws & provisions referred
  • Section 10 of the N.-W.F.P. Civil Servants Act, 1973
civil servanttransferadministrative lawwrit petitionservice mattergovernment employee

1. ' WALI MUHAMMAD KHAN, J.---Nazir Hussain, petitioner herein, seeks leave to appeal against the judgment of the Peshawar High Court, dated 1-7-1991, whereby his Writ Petition No,358 of 1990 challenging the order, dated 16-8-1990, transferring him from the post of Director, Excise and Taxation, N.-W.F.P., Peshawar to the post of Deputy Secretary, Board of Revenue and posting of Muhammad Riaz Khan in his place vide the same order, was dismissed.

2. ' We have heard Mr. Attiqur Rehman Qazi, Advocate, for the petitioner; Mr. M. Sardar Khan, Advocate-General, N.-W.F.P., for the State; and have perused the record of the case.

3. Under section 10 of the N.-W.F.P. Civil Servants Act, 1973 any civil servant is liable to transfer anywhere within or outside the province to any post under the Federal Government or any Provincial Government or local authority or corporation or body set up or established by any such Government and the Government employee cannot object to his transfer. The petitioner was transferred from the post of Director, Excise and Taxation by the Government of N.-W.F.P. And in his place respondent No,3 was posted. This was within the power of the transferring authority/respondent No,1 and could not be legally assailed by the petitioner. The impugned order of High Court, therefore, does not suffer from any legal infirmity.

4. ' The instant petition is, accordingly, dismissed and leave to appeal is refused.

Cited by 19 cases

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