MUHAMMAD SHOAIB IQBAL vs GOVERNMENT OF THE PUNJAB S — 2025 CLC 1233 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 1233 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: MUHAMMAD SHOAIB IQBAL vs GOVERNMENT OF THE PUNJAB S
Subject matter: Constitutional
Provisions referred to: S. 186---C; S. 186; Punjab Local Government Act

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

MUHAMMAD SHOAIB IQBAL VS GOVERNMENT OF THE PUNJAB S. 186---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Transfer and posting---Security of tenure for the Chief Officer and other officers of the local governments---Petitioner assailed notification of his transfer and posting on the analogy of earlier decision of High Court in similar matter on the basis of security of tenure---Respondent-department took the plea of difference of status of the posts as Chief Officer in the earlier case and as Sub-Engineer in the case of petitioner---Validity---Section 186 of the Punjab Local Government Act, 2022, (Act) refers to all Chief Officers and such other officers of the Local Governments that may be specified by the Secretary from time to time---Petitioner was transferred and posted as Sub-Engineer by the Secretary Local Government and Community Development Department, thus, he fell within the category of 'such other officers' specified by the Secretary---Petitioner had been transferred within a span of fourteen months and was transferred through the notification just after four months, which was against the ordinary tenure provided in S. 186 of the Act---Competent authority can transfer an officer on administrative grounds, but if the same is tainted with mala fide or any external influence or any other arbitrary reason or a reason contrary to the settled principles of transfer/posting, the same is void ab initio---Right of an employee/officer against displacement or transfer is accepted only when the same is passed on extraneous consideration and it cannot be claimed as a matter of right---Constitutional petition was allowed, in circumstances.

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