JAVED BAIG vs DIRECTOR GENERAL MILITARY LANDS AND CANTONMENT DEPARTMENT art

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JAVED BAIG VS DIRECTOR GENERAL MILITARY LANDS AND CANTONMENT DEPARTMENT art.199---Transfer of employee of the Cantonment Board---Constitutional jurisdiction of High Court---Scope---absence of mala fide on the part of employer---Scope---Petitioner/employee contended that he could not be transferred from Cantonment Board of his region to another Cantonment Board due to wedlock policy---Held, that no government servant or employee had any legal right to be posted at one particular place or to place of his own choice---Order of transfer was not only condition of service but it was up to the authority to decide who should be transferred and where---High Court was not an appellate or proper forum to decide the fate of transfer of a government employee on administrative ground---Wheels of administration should be allowed to run smoothly and Courts were not supposed to interdict the working of the administrative system by transferring officer to place it considering proper---administration was to take appropriate decision and such decision would stand unless they were vitiated either by malice or by extraneous reasons---No malice was pointed out in the case---Order of transfer of a government servant could not interfered with lightly by the Court of in exercise of constitutional jurisdiction under art. 199 of the Constitution---Petitioner had failed to show any malice on the part of the respondents/Cantonment Board in respect of transfer of the petitioner---appointing authority of Cantonment Board could transfer any of its employee from one Cantonment Board to another---admittedly, petitioner, had already been relieved from his duties for joining his new assignment---Petitioner had continuously been transferred from one Cantonment Board to another---Petitioner had been joining new assignments without any objections and it was for the first time that he was raising objection---Petitioner could make proper representation before the concerned department/forum with regard to his transfer/posting in view of wedlock policy---Constitutional petition was dismissed, in circumstances.

JAVED BAIG vs DIRECTOR GENERAL MILITARY LANDS AND CANTONMENT DEPARTMENT art — 2023 PLC(CS)N 61 KARACHI-HIGH-COURT-SINDH

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