Syed HASSAN KHAN vs CHAIRMAN, WAPDA, LAHORE and 5 others
This matter arises from a petition for leave to appeal directed against the judgment of the Peshawar High Court dismissing a constitutional petition filed by the petitioner to challenge his transfer order from Bannu back to his original place of posting in Lahore. The core legal question concerns whether the High Court correctly declined to interfere with the transfer and cancellation orders passed by the competent authority in the exercise of its constitutional jurisdiction. The Supreme Court held that the subsequent order cancelling the earlier transfer was passed by the competent authority without any lack of jurisdiction or established mala fides, and thus interference in constitutional jurisdiction was unwarranted. The Court concluded by refusing leave to appeal while observing that the petitioner may approach the Service Tribunal if available under the law. The key principle laid down is that transfer and posting orders passed by a competent authority without jurisdictional defect or proven mala fides are not amenable to interference under constitutional jurisdiction.
- Whether an order cancelling a civil servant's transfer can be interfered with in constitutional jurisdiction when passed by a competent authority?
- Does a transfer order passed without lack of authority warrant interference under Article 199 of the Constitution?
- Can a civil servant challenge a transfer cancellation order before the High Court on grounds of alleged mala fides without sufficient proof?
1. ' SAEEDUZZAMAN SIDDIQUI, J. ---The petitioner is seeking Leave to appeal against the judgment of Peshawar High Court, passed in Write Petition No,875 of 1992, on 1-9-1992. By the impugned judgment the learned Judges of Peshawar High Court dismissed the petition filed by the petitioner challenging his transfer from Bannu to Lahore.
2. ' The petitioner was working as Deputy Director (DTI Lahore). On 15-6-1992 he was ordered to be transferred as XEN (E), WAPDA Bannu Division vice Abdul Jabbar, respondent No,6, who was transferred to Lahore in place of the petitioner. The aforesaid transfer order was, however, withdrawn/cancelled on 16-7-1992 with the result that the petitioner was directed to proceed to Lahore, the original place of his posting. The petitioner filed Writ Petition No,875 of 1992 before the Peshawar High Court challenging the order dated 16-7-1992 whereby his transfer to Bannu was cancelled. The learned Judges of Peshawar High Court after hearing the parties dismissed the petition holding that the subsequent order dated 16-7-1992 cancelling the earlier transfer of petitioner from Lahore to Bannu was passed by the competent authority. The learned Judges expressed the view that as the order did not suffer from lack of authority/jurisdiction, it could not be interfered with in the Constitutional jurisdiction.
3. The learned counsel contends before us that the order dated 16-7-1992 cancelling the earlier transfer of the petitioner from Lahore to Bannu was mala fide, as it was passed on extraneous consideration. This contention was considered by the learned Judges of Peshawar High Court and was repelled and we do not find any reason to interfere with the said Order. The petition is, accordingly, dismissed. Leave is refused. However, it is open to the petitioner to approach the Service Tribunal, if it is so available to him, under the law.
Cited by 3 cases
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- MUHAMMAD ZIA-UL-HAQ and others vs GOVERNMENT OF PUNJAB and others 1996 PLC (C.S.) 134
- 8HAKIL AHMAD Versus FEDERATION OF PAKISTAN 1995 PLC(CS) 1226