Citation Name: 2024 PLC(CS) 65 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case JAVED IQBAL vs FEDERATION OF PAKISTAN through Secretary Communication, Civil Secretariat, Islamabad art — 2024 PLC(CS) 65 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLC(CS) 65 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLC
Parties: Citation Name: 2024 PLC(CS) 65 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case JAVED IQBAL vs FEDERATION OF PAKISTAN through Secretary Communication, Civil Secretariat, Islamabad art
Subject matter: Constitutional
Provisions referred to: S. 24-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2024 PLC(CS) 65 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case JAVED IQBAL VS FEDERATION OF PAKISTAN through Secretary Communication, Civil Secretariat, Islamabad art. 199---National Highway authority administrative Regulations, 2002, Reglns. 4.10 & 4.12---General Clauses act (X of 1897), S.24-a---Constitutional petition---Transfer and posting---Reasons for decision---Scope---Petitioner assailed the notification of his transfer on the ground that it was in violation of Reglns. 4.10 & 4.12, National Highway authority administrative Regulations, 2002---Validity---Impugned notification did not demonstrate any special circumstances, due to which, the Reglns. 4.10 & 4.12(3) were deviated and bypassed---Section 24-a of the General Clauses act, 1897, imposed a mandatory obligation upon every executive and public authority, that the order passed by such authority must not be brief and non-speaking---Though the Regln. 4.10 did not prescribe a minimum period during which an employee/officer of NHa must serve at his post, however, it did not mean that the authority without assigning any reason could move an officer from the place he was posted just after eight months or subject the officer to successive transfers in a short period for this would amount to punishment---Such transfers also affected the public interest and resulted in the wastage of public resources and constituted bad governance---Impugned notification was declared to have been issued without lawful authority and of no legal effect---Constitutional petition was allowed.

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