Legal Case Summary

Case Details
Case ID 2ddf9edf-29f2-4b8d-83b4-37703c79c020
Body View case body.
Case Number Writ Petitions Nos.1928 and 1251 of 2009
Decision Date Jan 24, 2011
Hearing Date Jan 24, 2011
Decision The petitioner's transfer order dated 21-2-2009 was challenged, where he was transferred from the Head Office in Islamabad to a far-flung area in Balochistan. The court found that the petitioner, who had never served in the field, was unfairly targeted for raising concerns about the treatment of bank employees. The transfer was deemed unjustified, lacking any valid reason, and was issued with mala fide intentions to penalize him. Consequently, the court set aside the transfer order, allowing the petitioner to remain in his previous position and entitled him to receive all salaries and benefits for the intervening period.
Summary This case revolves around the transfer of the petitioner, an Assistant Vice President at ZTBL, who was abruptly transferred to a remote location in Balochistan. The case highlights issues of employee rights, transfer policies, and the implications of mala fide actions by authorities. The petitioner successfully argued that his transfer was punitive in nature, stemming from his involvement in protests against the mistreatment of fellow employees. The court’s ruling reinforces the principle that transfers should not be used as a tool for retaliation against employees who speak out. This case serves as a significant reference for similar disputes regarding employment rights and the integrity of transfer orders within civil service and banking sectors.
Court Islamabad High Court
Entities Involved ZARAI TARAQIATI BANK LIMITED
Judges MUHAMMAD ANWAR KHAN KASI, J, GHAZANFAR ALI
Lawyers Malik Waheed Anjum, Ch. Imtiaz Ahmad
Petitioners GHAZANFAR ALI
Respondents ZARAI TARAQIATI BANK LIMITED, ISLAMABAD through President and 4 others
Citations 2011 SLD 1700, 2011 PLC 648
Other Citations 2000 SCMR 1214, 1996 SCMR 645
Laws Involved Constitution of Pakistan
Sections Art. 199