MUHAMMAD ANWAR SHAIFTA vs SECRETARY TO GOVERNMENT OF PUNJAB
This matter arises from a petition for leave to appeal filed by Muhammad Anwar Shaifta, an Assistant Professor whose services were placed on deputation as Controller of Examination with the Board of Intermediate and Secondary Education, Bahawalpur, for a tenure of three years. Before completing his tenure, he was repatriated to his parent department by a notification based on the directive of the Chief Minister. His departmental representation and subsequent service appeal before the Punjab Service Tribunal were dismissed. The core legal question before the Supreme Court was whether an order repatriating a civil servant on deputation before the completion of their tenure, passed upon the directive of the Chief Minister without independent application of mind by the competent authority, is arbitrary and legally sustainable. Granting leave to appeal, the Supreme Court held that the contention regarding the lack of independent mind and the arbitrary nature of the repatriation order requires detailed examination, and accordingly continued the interim stay order pending the hearing of the appeal.
- Whether an order repatriating a civil servant from deputation before completing their tenure can be passed on the directive of the Chief Minister without independent application of mind?
- Does a deputationist have an absolute right to complete their full tenure despite serving during the pleasure of the Controlling Authority?
ORDER
' ZIA MAHMOOD MIRZA, J.---Petitioner was an Assistant Professor Government S.E. College, Bahawalpur when his services were placed at the disposal of the Board of Intermediate and Secondary Education. According to the terms of his deputation, petitioner was to work in the Board for a period of three years, of course, "during the pleasure of the Controlling Authority of the Board Governments. He was also allowed deputation allowance at the rate of 10% of his pay. After about a year or so, Sh. Muhammad Naeem, Assistant Professor, Government Rezvia Islamia Degree College, Haroonabad was appointed as Controller of Examination, Board of Intermediate and Secondary Education, Bahawalpur vide the petitioner who was directed to report to the Director of Education, Colleges, Bahawalpur Division for his further adjustment/posting. This was vide Notification dated 14th July, 1996.
2. Feeling aggrieved, petitioner after making a representation to the competent authority which was not responded preferred service appeal before the Service Tribunal making a grievance, inter.
Alia, that the impugned order was passed as a result of political influence exerted by the respondent and that he was not allowed to complete the tenure of his deputation without any rhyme or reason. Learned Tribunal has rejected the petitioner's appeal vide judgment dated 23-10- 1996.
3. Learned counsel for the petitioner has vehemently contended that the order repatriating the petitioner to his parent department putting an end to his deputation was passed by the Secretary on the directive of the Chief Minister and without applying his own independent mind. The order in question, according to the learned counsel, was wholly arbitrary.
4. Contention raised by the learned counsel needs consideration. Leave to appeal is, therefore, granted.
' Interim stay order issued by a learned Judge of this Court in Chambers on 6-11-1996 shall continue in force pending the hearing of the appeal which may be fixed at an early date.