ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P No.D- 6342 of 2015

______________________________________________________

Date                        Order with signature of Judge

Present

Mr. Justice Muhammad Ali Mazhar

Mr. Justice Abdul Ghani Soomro

Mola Bux Shaikh                   ………..…                          Petitioner

V E R S U S

Election Commission of Pakistan

& others                                  ……………                     Respondents

Date of hearing 08.08.2016

Mr. Usman Tufail Shaikh advocate for the petitioner.

Mr. Pervaiz Ahmed Memon advocate for the Intervener.

Mr. Abdul Jalil Zubedi A.A.G  

-------------------------

Muhammad Ali Mazhar, J: The petitioner has challenged the transfer letter dated 18.09.2015, whereby, he was relieved from the post of Assistant Engineer, Highways Sub-Division, Qasimabad and directed to report Works and Services Department (Secretariat) Karachi with immediate effect. The premise to challenge this letter was in fact a letter dated 12.09.2015 issued by the Deputy Director, Provincial Election Commissioner, Sindh, Karachi to all District Returning Officers regarding the posting and transfer, whereby, a ban was imposed on the transfer of Civil Servants throughout the province till election process of local government 2015 is completed.    

2.      Learned counsel for the petitioner argued that in view of the directions given by the Election Commission the transfer letter was issued unlawfully.

3.      Learned A.A.G pointed out that the directions of the Election Commission was communicated by the SGA&CD department Government of Sindh vide letter dated 21.09.2015 while transfer letter of the petitioner was issued on 18.09.2015. He further argued that at present the election process is over and the petitioner cannot claim any specific posting for an unlimited period. However, he concedes that at present due to interim orders passed by this court, the petitioner is performing his duties as Assistant Engineer, Highways, Sub-Division Qasimabad. Learned A.A.G further submits that petitioner may continue his present posting but in case of any exigency the competent authority is empowered and may transfer the petitioner at any other posting in accordance with relevant Rules. Counsel for the petitioner as well as Intervener both are satisfied on this statement. Petition is disposed of accordingly along with pending applications. Copy of this order may be transmitted to the learned A.A.G.  

                                                                             JUDGE

                                                JUDGE

 Aadil Arab