Dr. MUHAMMAD SALEEM vs GOVERNMENT OF BALOCHISTAN Transfer and posting — 2024 PLC(CS) 77 SUPREME-COURT

Case information

Citation: 2024 PLC(CS) 77 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: PLC
Parties: Dr. MUHAMMAD SALEEM vs GOVERNMENT OF BALOCHISTAN Transfer and posting

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

Dr. MUHAMMAD SALEEM VS GOVERNMENT OF BALOCHISTAN Transfer and posting---Interference in transfer and postings by Tribunals or Courts---Encroachment upon domain of Executive---Transfer of a government official from one place or post to another to meet the exigencies of service was within the exclusive domain and competence of the competent authorities of the executive organ of the State and, ordinarily, it is not amenable to interference except in extraordinary circumstances---Said principle is subject to the condition that the terms and conditions of service are not adversely affected---Moreover, an official has no vested right to claim to be posted/transferred to any particular place of his choice, nor is there a vested right to continue to hold a particular post at a particular place---Transfer and posting of a government servant is limited to the given tenure, if any, or at the pleasure of the competent authority---Question of whether the posting and transfer made by the competent authority was in the public interest is not open to judicial review by a tribunal or court and utmost caution and restraint ought to be exercised in interfering with or encroaching upon the exclusive domain of the executive authorities---Decisions in connection with posting and transfer of government servants must not be subjected to judicial scrutiny unless a law has been clearly violated or mala fide and malice is established without the need for making an inquiry---Interference of the Tribunal or courts in matters relating to postings and transfers is, therefore, an encroachment upon the executive domain and in breach of the seminal principle of separation of powers embedded in the Constitution.

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