| Case ID |
ebb9c62b-8bd3-4d0b-95a7-c79591a668a5 |
| Body |
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| Case Number |
Civil Petition No.201-P of 1991 |
| Decision Date |
May 20, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by Nazir Hussain against the order of transfer from the post of Director, Excise and Taxation to Deputy Secretary, Board of Revenue. The court held that under section 10 of the N.W.F.P. Civil Servants Act, 1973, civil servants cannot object to their transfer, and the government acted within its legal authority. The impugned order was found not to suffer from any legal infirmity, and leave to appeal was refused. |
| Summary |
In the case concerning Nazir Hussain, the Supreme Court of Pakistan addressed the legality of a transfer order under the North-West Frontier Province Civil Servants Act of 1973. The petitioner challenged his transfer from Director of Excise and Taxation to Deputy Secretary, Board of Revenue, arguing against the authority of the government to enforce such a change. However, the court upheld the government's right to transfer civil servants as stipulated in section 10 of the Act, emphasizing that civil servants cannot object to transfers. This ruling reinforces the legal framework governing civil service employment in Pakistan, ensuring that administrative decisions are respected and upheld. The decision is significant as it delineates the boundaries of civil service authority and the obligations of civil servants, highlighting the importance of compliance within the public sector. The dismissal of the petition serves as a precedent for similar cases where government employees seek to contest their transfers. Keywords: Civil Servants Act, transfer legality, Supreme Court of Pakistan, administrative law, public sector compliance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
N.W.F.P. through the Chief Secretary/Secretary, Services & General Administration Department, Government of N.W.F.P.
|
| Judges |
MUHAMMAD AFZAL ZULLAH, C.J.,
WALI MUHAMMAD KHAN, J
|
| Lawyers |
Mr. Attiqur Rehman Qazi,
Mr. M. Sardar Khan
|
| Petitioners |
NAZIR HUSSAIN
|
| Respondents |
Muhammad Riaz Khan,
Government of N.W.F.P.
|
| Citations |
1992 SLD 766,
1992 SCMR 1843
|
| Other Citations |
Not available
|
| Laws Involved |
North-West Frontier Province Civil Servants Act (XVIII of 1973)
|
| Sections |
10
|