ORDER SHEET

THE HIGH COURT OF SINDH AT KARACHI

C.P. No.D-960 of 2014

C.P. No.D-801 of 2014

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Date Order with Signature(s) of Judge(s)

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Present:

Muhammad Ali Mazhar, J.

Abdul MaalikGaddi, J.

C.P. No.D-960 of 2014

Musaib Khan ……………. Petitioner

Versus

Government of Sindh

through Secretary

(Local Government)

& others ……………. Respondents

C.P. No.D-801 of 2014

Muhabbat Ali Shar

& another ……………… Petitioners

Versus

Government of Sindh

through Secretary

(Local Government)

& others ……………… Respondents

01^st November, 2016.

Mr. Shuja Abbas Advocate for the Petitioners.

Mr. SibtainMehmood A.A.G.

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Muhammad Ali Mazhar, J. – The petitioners have approached this Court for challenging the transfer orders.In C.P. No.D-960 of 2014 vide order dated 02.08.2014, the operation of the transfer order dated 06.02.2014 was suspended to the extent of transfer of the petitioner while in C.P. No.D-801 of 2014 by way of interim order, transfer order dated 06.02.2014 was suspended to the extent of petitioners Muhabbat Shar and Saindad. It is apparent from the interim orders that the petitioners since date of interim orders are already performing their duties.

2. In the comments filed by the respondents, it is stated that the transfer order was issued due to some complaint received by the Minister. The transfer order from one place to another is one of the condition of the service, which cannot be interfered with unless it is shown that transfer order was issued with some malafide intention or the petitioner has become victim of frequent transfer orders which circumstances are not available in this case. However, learned A.A.G submits that in case of acute exigency, transfer will be made but the petitioners will not become victim of frequent transfers. Learned counsel for the petitioner is satisfied to the statement of learned A.A.G, therefore, both petitions are disposed of accordingly, alongwith pending applications.

JUDGE

Faizan/